United States Supreme Court Cases & Opinions

U.S. Supreme Court

Clark v. Reyburn, 75 U.S. 8 Wall. 318 318 (1868)

Clark v. Reyburn

75 U.S. (8 Wall.) 318

Syllabus

1. A decree of strict foreclosure, which does not find the amount due, which allows no time for the payment of the debt and the redemption of the estate, and which is final and conclusive in the first instance, cannot, in the absence of some special law authorizing it, be sustained.

2. No such special law exists in Kansas.

3. Where, after a mortgage of it, real property has been conveyed in trust for the benefit of children, both those in being, and those to be born, all children in esse at the time of filing the bill of foreclosure should be made parties. Otherwise the decree of foreclosure does not take away their right to redeem. A decree in such a case against the trustee alone does not bind the cestui que trusts.

Appeal from a decree of the Circuit Court for the District of Kansas in a case in which one Reyburn had filed an

Page 75 U. S. 319

amended bill in equity against Jeremiah Clark and Florinda his wife, and also against one Few, to foreclose a mortgage given by Clark and wife to him, Reyburn, on certain land then owned by them, and afterwards conveyed by them to the said Few in trust for Mrs. Clark during her life and for the children of herself and of her then husband after her death.