Bell v. Taylor
Supreme Court of Kansas
Error from Mitchell District Court. Taylor recovered a judgment against Bell and two others. In June 1873 he sued out a writ of execution on his judgment, directed to the sheriff of Mitchell county.
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Error from Mitchell District Court. Taylor recovered a judgment against Bell and two others. In June 1873 he sued out a writ of execution on his judgment, directed to the sheriff of Mitchell county. The sheriff, finding no goods and chattels of any kind of the defendants, levied said writ on “the undivided one-third of block 16, and the undivided one-third of lots 1, 2, 9, 10,11 and 12 in block 18, the undivided one-third of lots 1, 2, 3, 4, 5 and 6 in block 34, and the undivided one-third of lots 1, 2, 3 and 4 in block 35, in the town of Beloit,” as the property of Bell, and sold the same…
1Opinion of the Court
The opinion of the court was delivered by
Brewer, J.:
The question in this case arises on the confirmation of a sale. The property sold was an updividedthird interest in certain lots in the town of Beloit, which from the numbers were apparently separate, but which were sold in gross. A motion to set the sale aside on this account was overruled, and the sale confirmed. Such a sale has been decided by this court to be irregular and voidable, and on that account may be set aside on motion of the judgment-debtor. Johnson v. Hovey, 9 Kas., 61. Counsel for defendant in error claims that this is not…
2Cases cited1 opinion
- Johnson v. HoveySupreme Court of Kansas · 1872
3Cited by6 opinions
- Dexter v. CochranSupreme Court of Kansas · 1877
- Miller v. TrudgeonSupreme Court of Oklahoma · 1905
- Miller v. Farmers' Nat. BankSupreme Court of Oklahoma · 1923
- Geuda Springs Town & Water Co. v. LombardSupreme Court of Kansas · 1897
- Bernhard v. HoveyCourt of Appeals of Kansas · 1899
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