Ballinger v. James F. Redhead & Co.
Court of Appeals of Kansas
Memorandum. — Error from Reno district court; L. Houk, judge. Action by James F. Redhead & Co. against J. W. Ballinger and another. From certain orders entered, defendants bring error.
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Memorandum. — Error from Reno district court; L. Houk, judge. Action by James F. Redhead & Co. against J. W. Ballinger and another. From certain orders entered, defendants bring error. The statement of the case, as made by Johnson, P. J., is as follows : This case comes* to this court from the order and the judgment of the district court of Reno county, Kansas, on two separate motions — one to set aside the sale of real estate made by the sheriff of said county, and one for the confirmation of said sale. The case was submitted to the court on an agreed statement of facts. The execution under…
1Opinion of the Court
*437The opinion of the court was delivered by
Johnson., P. J. :
The only question involved in this case is whether or not the judgment of James F. Redhead & Co. became dormant by the death of Thomas Redhead, a member of the firm of James F. Redhead & Co., and one of the plaintiffs, and whether the judgment should have been revived before an issuance of the execution under which the land was sold. Section 439 of chapter 80 of the General Statutes of 1889, provides :
"If either or both parties die after judgment, and before satisfaction thereof, their representatives, real or personal, or both, as the…
2Cases cited2 opinions
- State ex rel. Henry v. McArthurSupreme Court of Kansas · 1870
- Cox v. GrubbSupreme Court of Kansas · 1891
3Cited by13 opinions
- Drew v. ThurlwellSupreme Court of Oklahoma · 1935
- Seeley v. JohnsonSupreme Court of Kansas · 1900
- Newhouse v. HeilbrunSupreme Court of Kansas · 1906
- Denny v. RossSupreme Court of Kansas · 1905
- Dow v. SimpsonNew Mexico Supreme Court · 1912
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