Lemen v. Kansas Flour Mills Co.

The opinion of the court was delivered by

Mason^ J.:

The plaintiffs appeal from a judgment against them in an ejectment action. The defendant claimed title under a sheriff’s deed executed May 29, 1923, upon a sale under a general execution issued October 6, 1921, on a judgment against the plaintiffs. The plaintiffs contend that the deed is void because the land was sold by the sheriff without an appraisement having been had. The plaintiffs assert, and the defendant denies, that appraisement was necessary.

*115Prior to 1893 the Kansas statutes contained this provision:

“If execution be levied upon…