Legal Opinion

Sullenger v. Buck

Supreme Court of Kansas

Decided January 15, 1879PublishedCited by 3 opinions

Error from Marion District Court. February 16, 1878, at the instance of Buck & Co., an execution was issued out of the district court of Marion county, on a judgment against plaintiff in error and one T. W. Reed. The writ was delivered to T. J. Smith, under-sheriff of said county, and was by him on the above date levied upon certain personal property of the plaintiff in error. On March 27, 1878, the property so levied upon was by said under-sheriff advertised for sale.

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Error from Marion District Court. February 16, 1878, at the instance of Buck & Co., an execution was issued out of the district court of Marion county, on a judgment against plaintiff in error and one T. W. Reed. The writ was delivered to T. J. Smith, under-sheriff of said county, and was by him on the above date levied upon certain personal property of the plaintiff in error. On March 27, 1878, the property so levied upon was by said under-sheriff advertised for sale. On April 10th, he sold said property, as per advertisement.. In the meantime, on the 12th day of March, 1878, before the said…

1Opinion of the Court

The opinion of the court was delivered by

Valentine, J.:

Only two questions are presented by the brief of counsel for plaintiff in error, to wit: 1. Where an execution debtor has both personal and real property subject to execution, but not sufficient personal property to satisfy the execution, and the personal property is first levied upon and then the real estate, and the personal property is then *30advertised and sold, and afterward the real estate is advertised and sold, and all this is done under one and the same execution, is the sale of the real estate void because the levy thereon was…

2Cases cited1 opinion

  1. Grover v. HowardSupreme Judicial Court of Maine · 1850

3Cited by3 opinions

  1. Blasingame v. WallaceArizona Supreme Court · 1927
  2. Runge v. BrownNebraska Supreme Court · 1890
  3. Battersby v. GillespieNorth Dakota Supreme Court · 1928

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