Lombard Investment Co. v. Burton
Court of Appeals of Kansas
Error from Marshall District Court. Hon. R. B. Spilman, Judge. Upon the confirmation of a sale of real estate sold under ordinary foreclosure proceedings, the court ordered the distribution of the proceeds of the sale according to the decree entered October 26, Í891. The decree of confirmation was entered October 13, 1892. The Lombard Investment Company, plaintiff in error, was a judgment creditor and its judgment has been declared a first lien.
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Error from Marshall District Court. Hon. R. B. Spilman, Judge. Upon the confirmation of a sale of real estate sold under ordinary foreclosure proceedings, the court ordered the distribution of the proceeds of the sale according to the decree entered October 26, Í891. The decree of confirmation was entered October 13, 1892. The Lombard Investment Company, plaintiff in error, was a judgment creditor and its judgment has been declared a first lien. Denton Burton, defendant in error, was Clerk of the District Court of Marshall County. The Investment Company demanded, and Burton paid to it,…
1Opinion of the CourtClark, J.
The single question submitted to the court is : Was the Investment Company entitled to interest on its judgment from the day of the sale of. the real estate to the date of the confirmation of the sale ? It was agreed that if the Investment Company was entitled to such interest, judgment should be rendered in its favor for the costs of the proceeding ; but if not, judgment should be rendered against it, in favor of Burton, for $206.95 and interest thereon from the thirteenth day of October, 1892. The District Court found that the judgment did not draw interest after the date of sale, and…
2Cases cited3 opinions
- Kothman v. MarksonSupreme Court of Kansas · 1886
- Missouri Valley Land Co. v. BarwickSupreme Court of Kansas · 1892
- Johnson v. LindsaySupreme Court of Kansas · 1882
3Cited by1 opinion
- Trompen v. HammondNebraska Supreme Court · 1901