McCurdy v. Baker
Supreme Court of Kansas
Error from Greenwood District Court. Judgment of foreclosure and sale was given in favor of McOurdy against John G. Kirkman and another, and an order of sale was issued to Baker as sheriff to appraise, advertise and sell the mortgaged premises as upon execution.
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Error from Greenwood District Court. Judgment of foreclosure and sale was given in favor of McOurdy against John G. Kirkman and another, and an order of sale was issued to Baker as sheriff to appraise, advertise and sell the mortgaged premises as upon execution. He did so,- and charged fees for publishing the notice of sale in four consecutive issues of the Eureka Herald, a weekly newspaper, and for making and posting up six copies of said notice of sale, one copy on the court-house door, and the other five in five public places in the county. At the sale McCurdy bid in the property, which…
1Opinion of the Court
The opinion of the court was delivered by
Brewer, J.:
The questions in this case arise upon the construction of § 457 of the civil code. Is notice by posting upon the court-house door, and in five other public places in the county, required in all cases of sale, or only in those cases where there is no newspaper printed in the county? We think the section may fairly be construed to sustain either view, and it is difficult to suggest reasons why either should be preferred. We shall sustain the latter, and hold that notice by posting is necessary only where there is no newspaper printed in the…
2Cited by21 opinions
- Sly v. PowellSupreme Court of Kansas · 1912
- Whitaker v. BeachSupreme Court of Kansas · 1874
- Watkins v. IngeSupreme Court of Kansas · 1880
- City of Benwood v. Wheeling Railway Co.West Virginia Supreme Court · 1903
- Rounsaville v. HazenSupreme Court of Kansas · 1885
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