Moore v. Pye
Supreme Court of Kansas
Error from Nemaha District Court. The plaintiff in error, Moore, was a purchaser of real property sold by the sheriff under a decree in an action wherein Pye was plaintiff and James G. Walsh and A. G. Otis were defendants. On Pye’s motion the sale was set aside, at the April Term 1872. Moore excepted, and he brings the case here on error. The facts are fully stated in the opinion.
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Error from Nemaha District Court. The plaintiff in error, Moore, was a purchaser of real property sold by the sheriff under a decree in an action wherein Pye was plaintiff and James G. Walsh and A. G. Otis were defendants. On Pye’s motion the sale was set aside, at the April Term 1872. Moore excepted, and he brings the case here on error. The facts are fully stated in the opinion. The order setting the sale aside is as follows: [Tithe.] “And now a motion having been made in the above cause by the plaintiff to have the sale as shown by the sheriff’s return to Adam K. Moore on the 2d day of…
1Opinion of the Court
The opinion of the court was delivered by
Valentine, J.:
William R. Pye recovered a judgment and decree of foreclosure against James Walsh and Alfred G» Otis. Pye then caused an order of sale to be issued on said judgment and placed in the hands of the sheriff of Nemaha county. Under this order of sale the property decreed to be sold was sold to A. K. Moore.' Pye then moved the court to set aside said sale on various grounds. The court below granted the motion. The defendants below and Moore excepted to the ruling of the court, and now the defendants below and Moore seek to have the order of…
2Cases cited3 opinions
- American Insurance v. OakleyNew York Court of Chancery · 1841
- Kansas Pacific Railway Co. v. ButtsSupreme Court of Kansas · 1871
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3Cited by16 opinions
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- Capital Bank v. HuntoonSupreme Court of Kansas · 1886
- Mathewson v. CampbellSupreme Court of Kansas · 1914
- Wyandotte State Bank v. MurraySupreme Court of Kansas · 1911
- First National Bank v. McIntosh & Peters Live-stock & Commission Co.Supreme Court of Kansas · 1906
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