Rain v. Young
Supreme Court of Kansas
Error from Shawnee district court; Z. T. Hazen, judge. STATEMENT. This was an action brought in the court below by defendant in error, Frank L. Young, against Silas Rain to quiet his title to a tract of land in Shawnee county. Rain claimed title and based the same on a sheriff’s deed made pursuant to the following proceedings: On May 13, 1875, Morehead, Young & Oo. recovered judgment in the district court against J. N. Young, W. B. Young, and S. Rain.
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Error from Shawnee district court; Z. T. Hazen, judge. STATEMENT. This was an action brought in the court below by defendant in error, Frank L. Young, against Silas Rain to quiet his title to a tract of land in Shawnee county. Rain claimed title and based the same on a sheriff’s deed made pursuant to the following proceedings: On May 13, 1875, Morehead, Young & Oo. recovered judgment in the district court against J. N. Young, W. B. Young, and S. Rain. Within one year thereafter an execution was issued on the same and returned unsatisfied. Within five years after the rendition of the judgment…
1Opinion of the Court
The opinion of the court was delivered by
Smith, J.:
The question to be determined is, whether a failure to revive the judgment against J. N. Young after an execution had been levied on his property, an appraisement made, and the land advertised for sale, in his lifetime, rendered void a sale made under another execution issued after his death. The validity of such sale must be upheld. Section
*430r 454 of chapter 95 of the General Statutes of 1897 (Gen. Stat. 1899, §4709) reads: “All real estate not bound by the lien of the judgment, as well as goods and chattels of the debtor, shall be bound from…
2Cases cited6 opinions
- Capital Bank v. HuntoonSupreme Court of Kansas · 1886
- Green v. McMurtrySupreme Court of Kansas · 1878
- Ritchie v. HigginbothamSupreme Court of Kansas · 1881
- Taylor v. Doe Ex Dem. MillerSupreme Court of the United States · 1852
- Holman v. HolmanNew York Supreme Court · 1872
1 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Ireland v. Linn County BankSupreme Court of Kansas · 1918
- State Ex Rel. First Nat. Bank v. OgdenSupreme Court of Oklahoma · 1935
- First National Bank v. Farmers' National BankSupreme Court of Kansas · 1900
- Storrie v. McAlester Fuel Co.Court of Appeals for the Tenth Circuit · 1943