112 Kan. 345 | Kan. | 1922
The opinion of the court was delivered by
This proceeding was brought by John B. Moore, to annul a judgment foreclosing a mortgage given by him to the defendants upon land in Grant county. On a demurrer to the petition the court ruled against the contention of the plaintiff, and he appeals.
The only question presented upon the appeal is as to the validity of the judgment of foreclosure and of the order confirming a sale made under the judgment. Plaintiff’s contention is that the judg
The cases which counsel for plaintiff cites and on which he relies, Neal v. Reynolds, 38 Kan. 432, 16 Pac. 785, and Martin v. Battey, 87 Kan. 582, 125 Pac. 88, do not sustain his contention. They refer to a lack of jurisdiction in local actions which have been brought in a county other than where the land is situated. When so brought that court is of course without jurisdiction to render judgment or make any order other than for a dismissal of
Judgment affirmed.