Jenkins v. Green
Supreme Court of Kansas
Error from Sedgwick District Court. Dependants in error obtained judgment against the-plaintiff in error, Jenkins, in two suits before a justice of the peace, filed transcripts thereof in the district court, caused-executions to be issued thereon, and levied upon certain real estate belonging to the plaintiff in error. The sheriff in his-return said that he levied the executions subject to a'mortgage made by plaintiff in error to H. G. Rose and B. H. Steadman.
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Error from Sedgwick District Court. Dependants in error obtained judgment against the-plaintiff in error, Jenkins, in two suits before a justice of the peace, filed transcripts thereof in the district court, caused-executions to be issued thereon, and levied upon certain real estate belonging to the plaintiff in error. The sheriff in his-return said that he levied the executions subject to a'mortgage made by plaintiff in error to H. G. Rose and B. H. Steadman. In the notice of sale which he published he said that he would sell subject to said mortgage, and in his return of the executions he…
1Opinion of the Court
The opinion of the court was delivered by
Brewer, J.:
Defendants in error obtained judgment against the plaintiff in error in two suits before a justice of the peace, filed transcripts thereof in the district court, caused executions to be issued thereon, and levied upon certain real estate. The return of the sheriff shows that he made the levy on said real estate subject to a certain mortgage of prior date; the advertisement specifies that the property is to be sold subject to said mortgage; while on the other hand, the appraisement is silent as to any mortgage, and simply names the property…
2Cited by4 opinions
- Jenkins v. GreenSupreme Court of Kansas · 1880
- Barlow v. State of WashingtonDistrict Court, W.D. Washington · 2021
- McFall v. FordSupreme Court of Kansas · 1931
- Tucker v. McCrieCourt of Appeals of Kansas · 1898