68 P. 1128 | Kan. | 1902
Armitage S. C. Forbes and husband executed a mortgage on real estate, and thereafter sold the property to defendant in error L. M. Corum, subject to the mortgage. Plaintiff in error, the owner of the promissory note secured by this mortgage, brought his action to foreclose the mortgage and obtained service by publication. Defendant in error L. M. Corum, the holder of the legal title to the property, was not named in- the action or proceeding. By mistake the name of L. M. Crum was used. After decree, sale thereunder, and deed executed by the sheriff, the purchaser attempted to.secure possession of the mortgaged premises under the deed. His right of possession was denied by Corum on the ground that the entire action and proceedings, as to him, were void for want of jurisdiction. Thereupon Hubbard commenced this suit against Corum, his wife, and' other parties in interest, to obtain a foreclosure of the mortgage. Defense was made to this action by Corum.
The judgment is reversed, and cause remanded for further proceedings in conformity with this opinion.
