Walkenhorst v. Lewis
Supreme Court of Kansas
Error from AUen District Court, Action brought by Lewis against Walkenhorst and six others, upon a deed of land, and a bond to reconvey upon the payment of a certain debt. Trial at the November Term, 1875, of the district court, and judgment for the plaintiff, and an order for the sale of the mortgaged premises. Afterward the plaintiff purchased said premises at a sheriff’s sale thereof.
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Error from AUen District Court, Action brought by Lewis against Walkenhorst and six others, upon a deed of land, and a bond to reconvey upon the payment of a certain debt. Trial at the November Term, 1875, of the district court, and judgment for the plaintiff, and an order for the sale of the mortgaged premises. Afterward the plaintiff purchased said premises at a sheriff’s sale thereof. On the 8th of September, 1879, the defendants filed their motion to set aside the foregoing judgment and sale, which motion was overruled at the November Term, 1879, of the district court. The defendants…
1Opinion of the Court
The opinion of the court was delivered by
Brewer, J.:
Defendant in error was plaintiff in the court below, and in 1875 obtained a judgment of foreclosure of a mortgage deed, an order of sale of the mortgaged premises, and became the purchaser of the same at the sheriff’s sale, took possession thereof, and was in possession by tenant when in 1879 the defendants, plaintiffs in error, filed their motion to vacate and set aside the judgment and sale as void. The only service upon defendants in the original action was by publication, and they made default, but afterward appeared specially and moved…
2Cases cited4 opinions
- McMurray v. . McMurrayNew York Court of Appeals · 1876
- Bryan v. BauderSupreme Court of Kansas · 1879
- Burke v. WheatSupreme Court of Kansas · 1879
- Hodgin v. BartonSupreme Court of Kansas · 1880
3Cited by22 opinions
- Wallis, Landes & Co. v. StuartTexas Supreme Court · 1899
- Ziska v. AveySupreme Court of Oklahoma · 1912
- Burdette v. CorganSupreme Court of Kansas · 1881
- Hill v. HillSupreme Court of Kansas · 1959
- Vick v. . FlournoySupreme Court of North Carolina · 1908
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