Mercer v. Kirkwood
| Decision Date | 09 April 1939 |
| Docket Number | 33799. |
| Citation | 147 Kan. 637,77 P.2d 929 |
| Parties | MERCER v. KIRKWOOD et al. [*] |
| Court | Kansas Supreme Court |
Syllabus by the Court.
Where opposing counsel challenged sufficiency of appellants' partial transcript on appeal involving order based on finding of fact that a mortgage was given in payment of purchase price, and that less than one-third thereof had been paid review of finding could not be had, and dismissal of appeal was required.
In an action to foreclose mechanic's liens on real property which action was expanded into proceedings to foreclose a mortgage which covered the property, a finding of fact made by the trial court that the mortgage was given in payment of the purchase price, and that less than one-third thereof had been paid, is not open to review by the Supreme Court, where no complete transcript has been furnished, and where opposing counsel challenge the sufficiency of the partial transcript to show all the evidence pro and con which pertained to the controverted question of fact.
Appeal from District Court, Butler County, Division No. 1; Allison T. Ayres, Judge.
Action by Paul Mercer against James N. Kirkwood and Hortense Kirkwood, his wife, R. G. Kirkwood and others, to foreclose a mechanic's lien. From an adverse order, the first two named defendants appeal and the last named defendant cross-appeals.
Appeal dismissed.
R. C Woodward and H. Pauline Woodward, both of Eldorado, for appellants.
J. B McKay, of Eldorado, for appellee Mid-Continent Federal Savings & Loan Ass'n.
This action was begun to foreclose a mechanic's lien on a parcel of land in El Dorado. Other lien claimants came into the litigation; also the party which held a mortgage on the property.
Issues were joined, and the trial court adjudicated the claims of the various litigants, giving precedence to some of them; and ordered foreclosure of the mortgage, and gave a money judgment in favor of certain other parties to the litigation.
The only matter presented for our review relates to the trial court's order which fixed a period of redemption after sale in foreclosure at six months. That order was based on the trial court's finding of fact which reads:
Appellants argue that the mortgage was not given for the purchase price; and, if it were, that more than one-third of the purchase price had been paid, so as to entitle them to eighteen months to redeem the property.
In support of these contentions appellants direct our attention to an abstract based on a partial and altogether incomplete transcript of the record. Appellees object to its consideration. Counsel for appellant...
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Barker v. Fleming
... ... the appellants we have held there can be no appellate review ... of--findings of fact, Mercer v. Kirkwood, 147 Kan ... 637, 77 P.2d 929; requested findings of fact, Buckwalter ... v. Henrion, 111 Kan. 781, 208 P. 645; motions for ... ...
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Bisagno v. Lane
...458, 11 P.2d 977; Sproul v. Russell, 135 Kan. 620, 11 P.2d 978; Farmers State Bank v. Crawford, 140 Kan. 295, 37 P.2d 14; Mercer v. Kirkwood, 147 Kan. 637, 77 P.2d 929; Green v. Frank, 148 Kan. 194, 80 P.2d 1082; Deerhead Township v. Fritz, 152 Kan. 110, 112, 102 P.2d 1035; Schreiner v. Rot......
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Addington v. Hall
... ... & P. R. Co., 158 Kan ... 549, 551, 552, 148 P.2d 493, and cases there cited ... The ... reason for the rule is well stated in Mercer v ... Kirkwood, 147 Kan. 637, 77 P.2d 929, where it is said: ... '* * * This rule is one of logic as much as it is of law ... How could this ... ...
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Gibbs v. Central Sur. & Ins. Corp.
... ... nothing to review and our attention is directed to the ... following decisions: Mercer v. Kirkwood, 147 Kan ... 637, 77 P.2d 929; Barker v. Chicago, R. I. & P. R ... Co., 158 Kan. 549, 148 P.2d 493; Kasper v ... Miller, 159 Kan ... ...