Johns v. Jordan

• Decision Date: 08 January 1898
• Citation: 51 P. 889,59 Kan. 771
• Parties: JOHNS v. JORDAN et al.
• Court: Kansas Supreme Court

51 P. 889

59 Kan. 771

JOHNS v. JORDAN et al.

Supreme Court of Kansas

January 8, 1898

Error from district court, Washington county; F. W. Sturges, Judge.

Action by Charles Johns against Walter B. Jordan and others. Judgment for defendants. Plaintiff brings error. Affirmed.

J. L Young and Frank H. Foster, for plaintiff in error.

J. W Rector, for defendants in error.

OPINION

PER CURIAM.

This was an action in the nature of a creditors’ bill, brought by plaintiff in error against defendants in error. Objection to the introduction of evidence under the petition, because of its insufficiency in statement of facts, was made and sustained. Judgment was thereupon ordered in defendants’ favor. The plaintiff prosecutes error to this court. The petition alleges that certain lands were purchased by William R. Lavering from the state of Kansas, but had been erroneously patented to his son, F. M Lavering; that F. M. Lavering had mortgaged them, together with a large amount of personal property, to one F. A. Head to secure $48,000; that the mortgages and accompanying notes were without consideration, and only for the accommodation of Head; that Head had assigned them to the principal defendant in error, Walter B. Jordan, who took them with full knowledge of the facts; that Jordan had foreclosed upon the chattel property without conforming to the laws of Wyoming, where such property was located, and had bid it in at a price much below its real value; that, had he taken it at a fair value, it would have satisfied the debt of $48,000 in full, without resort to the real estate in Kansas; that he foreclosed the mortgage upon the land, in an action in which he joined, as defendants, W. R. Lavering, the equitable owner, and the administrator and heirs of F. M. Lavering, who had in the meantime died; that such defendants made default, whereupon judgment of foreclosure was taken, and the land sold and bid in by the plaintiff in the suit, Jordan, one of the defendants in error here. It is not alleged in the petition or creditors’ bill that Jordan, the plaintiff in the foreclosure suit, knew that the mortgaged land belonged in equity to W. R. Lavering instead of F. M. Lavering, nor is it alleged that W. R. Lavering fraudulently colluded with Jordan to put his land in Jordan’s name. The only allegation of fraud made by plaintiff in error is that Jordan, in the foreclosure of the real estate mortgage, wrongfully...