DeJarnette v. Verner
Supreme Court of Kansas
Error from Greenwood District Court. This was an action brought in the district court of Greenwood county, by James DeJarnette against M. J. Verner, as principal, and 0. E. Ladd, W. F. Osborn, W. W. Morris, and T. Holverson, as sureties on a sheriff’s bond.
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Error from Greenwood District Court. This was an action brought in the district court of Greenwood county, by James DeJarnette against M. J. Verner, as principal, and 0. E. Ladd, W. F. Osborn, W. W. Morris, and T. Holverson, as sureties on a sheriff’s bond. The plaintiff prayed for a judgment for $1,000 as damages for injury alleged to have been sustained by him by reason of the defendant, Verner, as sheriff, having sold certain real estate belonging to the plaintiff for less than two-thirds of its appraised value. At the May term, 1886, the case was tried before the court without a jury, and…
1Opinion of the Court
The opinion of the court was delivered by
VALENTINE, J.:
Without discussing at length or in detail the various points presented in this case, we think they must be decided as follows:
I. Where a sheriff holds an execution against property, and for want of sufficient personal property attempts to make the money to satisfy the judgment out of real estate, he must levy upon the land itself and not upon a mere interest therein, and he must have the land itself appraised, and sell the same without reference to any lien or incumbrance which may be upon *230the land. It is not for him to inquire whether…
2Cases cited1 opinion
- Capital Bank v. HuntoonSupreme Court of Kansas · 1886
3Cited by7 opinions
- Frazier v. JeakinsSupreme Court of Kansas · 1902
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- Tolbert v. State Bank of PadenSupreme Court of Oklahoma · 1911
- Excelsior Manufacturing Co. v. BoyleSupreme Court of Kansas · 1891
- Rouse v. BartholomewSupreme Court of Kansas · 1893
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