Legal Opinion

Walker v. Braden

Supreme Court of Kansas

Decided January 15, 1886PublishedCited by 9 opinions

Error from Crawford District Court. Action by Braden, as sheriff of Crawford, county, against Walker, to recover upon au accepted bid made by defendant for certain personal property which was offered and sold by the sheriff at an execution sale. Plaintiff’s petition, after the court and title, is as follows: “ 1st. The plaintiff alleges that at the time of the issuing of’ the executions hereinafter mentioned he was the sheriff of Crawford county, Kansas. “2d.

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Error from Crawford District Court. Action by Braden, as sheriff of Crawford, county, against Walker, to recover upon au accepted bid made by defendant for certain personal property which was offered and sold by the sheriff at an execution sale. Plaintiff’s petition, after the court and title, is as follows: “ 1st. The plaintiff alleges that at the time of the issuing of’ the executions hereinafter mentioned he was the sheriff of Crawford county, Kansas. “2d. On the 22d day of February, 1884, three executions were duly issued out of the district court of Crawford county, Kansas, and to…

1Opinion of the Court

The opinion of the court was delivered by

Johnston, J.:

‘ against’default-mg bidder. This action was brought by ’Win. H. Braden in his capacity as sheriff of Crawford county, upon an accepted bid made by A. B. Walker for certain personal property which was offered and sold by the sheriff at an execution sale. The sheriff recovered in the action, and the defendant Wralker asks a review of the proceedings in the district court. The right of the sheriff to maintain the action is questioned. When a bid is made and accepted at such a sale, it becomes a contract between the bidder and the sheriff,…

2Cases cited6 opinions

  1. Denton v. LivingstonNew York Supreme Court · 1812
  2. Gaskell v. MorrisSupreme Court of Pennsylvania · 1844
  3. Adams v. AdamsSupreme Court of Pennsylvania · 1835
  4. Armstrong v. VromanSupreme Court of Minnesota · 1866
  5. Glenn v. BlackSupreme Court of Georgia · 1860

1 more not listed; retrieve them via the Exa API.

3Cited by9 opinions

  1. Topeka Primary Ass'n University of Builders v. MartinSupreme Court of Kansas · 1888
  2. Danville State Bank v. MaySupreme Court of Kansas · 1928
  3. Metz v. HicklinSupreme Court of Kansas · 1928
  4. Howard v. HowardSupreme Court of Kansas · 1939
  5. Kemmerle v. WilsonSupreme Court of Kansas · 1922

4 more not listed; retrieve them via the Exa API.

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