116 Kan. 213 | Kan. | 1924
The opinion of the court was delivered by
The plaintiff obtained judgment on publication service against the defendants, foreclosing two real-estate mortgages. After the land had been sold on an order of sale and a sheriff’s deed had been executed to the plaintiff, who conveyed the land to a third person, the judgment was opened on a showing that the defendants had had no actual notice of the suit, accompanied by an answer alleging that the amount claimed was not due and that the period of redemption should not have been limited to six months, and offering to pay the amount of the mortgage debt. The trial court found against the defendants on the issues of fact and rendered a new judgment substantially the same as the first, ordering the property resold. On appeal by the plaintiff it was held that the original judgment should have been reinstated, with all its consequences,-thereby restoring to full effect the sale and deed. (Cox v. Anderson, 115 Kan. 709, 224 Pac. 908.)
In motions for a rehearing the defendants urge that after the first judgment had been opened they had a right to end the litigation by paying the amount of the mortgage debt, with interest and costs, and that they had offered to do so. This matter was not specifically
The motions for a rehearing are overruled.