Croner v. Keefer
| Decision Date | 08 June 1918 |
| Docket Number | 21414 |
| Citation | 173 P. 282,103 Kan. 204 |
| Parties | CRONER v. KEEFER et al. |
| Court | Kansas Supreme Court |
The relationship of husband and wife is so intimate and confidential that a husband cannot acquire a valid and independent tax title to his wife’s real estate by a purchase thereof at a tax sale.
Rule followed that the granting or refusal of leave to file belated pleadings is within the sound discretion of the trial court.
When a writ directing a judicial sale of property has been delivered to and partially executed by a sheriff who is about to retire from office, it is lawful and proper for him to deliver the writ to his successor, and the latter may finish the official duty directed by the writ and make the official return thereon accordingly.
Appeal from District Court, Morris County.
Suit to foreclose a second mortgage by Agnes R. Croner against Christopher Keefer and others and J. C. Bashor and others with interpleader by holders of first mortgage. Judgment for plaintiff and interpleaders, and motion by defendants J. C Bashor and wife to set aside the judgment and for leave to answer the interplea, and their motion to set aside the sale denied, and they appeal. Affirmed.
Nicholson & Pirtle, of Council Grove, for appellants.
C. S Crawford and E. S. Crawford, both of Abilene, for appellees.
This appeal questions the propriety of certain incidents which arose in the foreclosure of a first and second mortgage on a quarter of land in Morris county.
The plaintiff, who was the assignee of the second mortgage, brought suit to foreclose. The defendants Keefer and wife were the original mortgagors. They conveyed the land to Bashor, who in turn conveyed the north half of the land to his wife. The taxes on the land were in default, and Bashor later paid the delinquent taxes and was given a redemption certificate therefor. In Bashor’s answer he asked that the county treasurer be made a party and that his redemption certificate be reformed and treated as a tax sale certificate, and that his tax title be quieted against the plaintiff. Plaintiff replied that the deed from Bashor to Bashor’s wife was without consideration and made for the purpose of avoiding the mortgage lien of plaintiff, and that Bashor and wife had conspired to cheat plaintiff and defraud her of her lien, and that Bashor and wife had permitted the taxes to become delinquent with the intent that Bashor should obtain an independent title by tax deed and thereby extinguish plaintiff’s lien. While the action was thus pending the holders of the first mortgage interpleaded and asked for its foreclosure. The defendants were duly served with notice of the interplea, but did not appear to contest it and made default.
Both mortgages were foreclosed, and judgments were entered for the interpleaders and for plaintiff according to the precedence of their mortgage liens. The day after these judgments were entered, the defendants Bashor and wife, by new attorneys, filed a motion to set aside the judgment and for leave to answer the interplea. This motion was denied. In December, 1916, an order of sale was issued and the then sheriff of the county advertised that the land would be sold on February 6, 1917. The sheriff’s term expired on January 8, 1917, and the order of sale was delivered to his successor in office, and the land was sold, the sheriff’s return was made, and the sale confirmed all in due season.
A third firm of attorneys for defendants Bashor and wife filed a motion to set aside the sale, raising a question of the court’s jurisdiction "because not made by any person legally authorized to make the same." This motion was overruled and denied.
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King v. Stephens
...That matter was vested in the sound discretion of the trial court. (Bank v. Badders, 96 Kan. 533, syl. P 3, 152 P. 651; Croner v. Keefer, 103 Kan. 204, 205, 173 P. 282.) The third and fourth citations of error relate to admission and exclusive of evidence. Such matters are reviewable only w......
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Kolar v. Eckhardt
... ... The trial court ... has a wide discretion in dealing with such matters. ( ... Bank v. Badders, 96 Kan. 533, 152 P. 651; Croner ... v. Keefer, 103 Kan. 204, 173 P. 282.) Here the amendment ... permitted was the interpolation of an allegation that ... plaintiffs were to pay ... ...
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Barton v. Hackney
...abuse of judicial discretion. Byington v. Commissioners of Saline Co., supra; Stewart v. Winner, 71 Kan. 448, 80 P. 934; Croner v. Keefer, 103 Kan. 204, 173 P. 282; Sheldon v. Board of Education, 134 Kan. 135, 4 P.2d 430; Board of Education v. Barton County Commissioners, 144 Kan. 124, 58 P......
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Sheldon v. Board of Education of City of Lawrence
...followed that the granting or refusal of leave to file belated pleadings is within the sound discretion of the trial court." Croner v. Keefer, 103 Kan. 204, par. 2, 173 P. 282. There was certainly no abuse of discretion in granting such leave in this case, which extended the time only one d......