White-Crow v. White-Wing
Supreme Court of Kansas
Error from Wyandotte County. The body of the bill of exceptions appears in full in the opinion of the court. The court has no power to set aside a sale, especially on a motion to confirm, and in absence of a motion to set the sale aside, the record showing that the proceedings of' the officer were regular. Comp. L., p. 198, sec. 449, Code; Challis v. Wise db Cróoleham, 2 Kans. R., 193 ; Koehler v. Ball, Id., 160; Livingston v. Lamb, 1 Id., 221.
1Opinion of the Court
By the Court,
Crozier, C. J.
This is a proceeding to review an order of the District Court for Wyandotte county, setting aside a sale made by the sheriff of that county upon a judgment rendered therein in an action where the present plaintiff and de*278fendant were plaintiff and defendant. The facts, so far as this court can consider them, are set out in the following bill of exceptions:
“ This was a mption by the plaintiff that a sale of real estate made by the sheriff of Wyandotte county on an execution issued from this court on a judgment rendered at the April term of this court, A. D. 1863, be…
2Cases cited1 opinion
- Challiss v. WiseSupreme Court of Kansas · 1863
3Cited by40 opinions
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- Long v. MurphySupreme Court of Kansas · 1882
- Green v. McMurtrySupreme Court of Kansas · 1878
- Treptow v. BuseSupreme Court of Kansas · 1872
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