Harrison v. Andrews
Supreme Court of Kansas
Error from Montgomery District Court. The district court, at'the December Term 1875, on the motion of Andrews set aside a sheriff’s sale of real estate. Harrison & Willis, the plaintiffs in the execution, and the purchasers at such sale, appeal, and bring the case here on error.
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Error from Montgomery District Court. The district court, at'the December Term 1875, on the motion of Andrews set aside a sheriff’s sale of real estate. Harrison & Willis, the plaintiffs in the execution, and the purchasers at such sale, appeal, and bring the case here on error. All necessary facts are stated in the opinion. for themselves, contended, that the court erred in admitting parol evidence to be introduced in the shape of affidavits in support of defendant’s motion to vary and contradict written deeds — citing, 1 Greenl. Ev. §§275,276; 2 Phil. Ev. 350; 2 Stark. Ev. 544,. 548; 1M.…
1Opinion of the Court
The opinion of the court was delivered by
Valentine, J.:
This is a proceeding in error instituted for the purpose of reversing an order of the district court setting aside a sheriff’s sale. The proceeding might properly be dismissed from this court, for the reason that the plaintiffs in error have not made Hoag, the defendant below, a party in this court. Of course, we would not reverse the order of the court below without first giving the defendant below an opportunity to be heard. But as we expect to affirm the order of the court below, we shall do so without prejudice to his rights.
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2Cases cited10 opinions
- Blankenship v. DouglasTexas Supreme Court · 1862
- White-Crow v. White-WingSupreme Court of Kansas · 1865
- Keirsted v. AveryNew York Court of Chancery · 1832
- Ells v. TousleyNew York Court of Chancery · 1828
- Treptow v. BuseSupreme Court of Kansas · 1872
5 more not listed; retrieve them via the Exa API.
3Cited by32 opinions
- J. I. Case Threshing MacH. Co. v. Walton Trust Co.Supreme Court of Oklahoma · 1913
- Holden v. GarrettSupreme Court of Kansas · 1879
- Saylor v. CrookerSupreme Court of Kansas · 1916
- Long v. MurphySupreme Court of Kansas · 1882
- Shelby v. ZieglerSupreme Court of Oklahoma · 1908
27 more not listed; retrieve them via the Exa API.