Wolfert v. Milford Savings Bank
Court of Appeals of Kansas
Error from Smith District Court. Hon. Cyrus Heren, Judge. Afc a sheriff’s sale of real estate, made pursuant to a judgment of foreclosure of a mortgage in the District Court of Smith County, John Wolfert, the plaintiff in error, became the purchaser. Thereafter, on application of the judgment creditor, the sale was set aside. Of this order complaint is now made by Wolfert.
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Error from Smith District Court. Hon. Cyrus Heren, Judge. Afc a sheriff’s sale of real estate, made pursuant to a judgment of foreclosure of a mortgage in the District Court of Smith County, John Wolfert, the plaintiff in error, became the purchaser. Thereafter, on application of the judgment creditor, the sale was set aside. Of this order complaint is now made by Wolfert. In the foreclosure action, judgment was rendered in favor of the plaintiff therein, The Milford Savings Bank, for $1,587.06, and the mortgaged premises, being a quartei'-section of land in Smith County, were ordered to be…
1Opinion of the CourtGarver, J.
Ordinarily, mere inadequacy of price alone is insufficient to authorize the setting aside of a judicial sale. Capital Bank v. Huntoon, 35 Kan. 577, 591. But when other grounds intervene, gross inadequacy of price may be a fact of controlling consideration with the court. The purchaser at such sale has rights in which he should be protected. But his right to be assisted to the enjoyment of a great bargain or speculation is not of such a character as to override strong equities in favor of other parties. Upon the evidence presented in this case, the court found that there was not such fault or…
2Cases cited3 opinions
- Capital Bank v. HuntoonSupreme Court of Kansas · 1886
- Moore v. PyeSupreme Court of Kansas · 1872
- Lebold v. Ottawa County BankSupreme Court of Kansas · 1893
3Cited by9 opinions
- State Ex Rel. Com'rs of the Land Office v. HarrowerSupreme Court of Oklahoma · 1934
- Duncan v. EckSupreme Court of Oklahoma · 1917
- Farmers Life Insurance v. SteginkSupreme Court of Kansas · 1920
- Fiolle v. First Nat. Bank of ThomasSupreme Court of Oklahoma · 1935
- Local Federal Savings & Loan Ass'n v. KnieSupreme Court of Oklahoma · 1936
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