34 Kan. 122 | Kan. | 1885
The opinion of the court was delivered by
Prior to November 16,1880, one K. C. Road was the owner of lot No. 2, in block No. 22, in the
At the April term of court for 1883 the case was called for trial, and upon default judgment was rendered as prayed for in the petition, against K. C. Road, Peter McCrea, and M. P. McCrea. In the decree foreclosing the mortgage no judgment whatever was taken against the defendant Delcourt, and the decree expressly excepted her from its operation. At that term of the court the plaintiff obtained leave to amend his petition, and Delcourt was given until July 12,1883, to answer or demur thereto, and the case as to Delcourt was continued until the next term. Subsequently plaintiff filed an amendment to his original petition, and Delcourt filed her answer, duly verified by herself, alleging that she was the owner in fee simple of the premises described in the petition; that K. C. Road never executed, signed or delivered to the plaintiff, or to any other person, the mortgage sued on; that the mortgage was a forgery, and the acknowledgment false. To this answer the plaintiff filed a reply containing a general denial, and setting up the proceedings had in the case at the April term of the court for 1883 in bar of the claim of defendant.
The plaintiff has no right whatever to complain of the proceedings of the trial court, and the judgment of the district court must therefore be affirmed.