Johnson v. Hovey
Supreme Court of Kansas
Error from Neosho District Court. In an action to foreclose a mortgage, executed by Susan F. Hovey and her husband, judgment was rendered in favor of .Johnson for the sale of the mortgaged premises consisting of eighty acres of land in Allen county, and lots No. 7 and 9, in block 13 in the city of Osage Mission, in Neosho county. . An order of sale was issued to the sheriff of Allen county, but for want of bidders the land there situate was not sold.
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Error from Neosho District Court. In an action to foreclose a mortgage, executed by Susan F. Hovey and her husband, judgment was rendered in favor of .Johnson for the sale of the mortgaged premises consisting of eighty acres of land in Allen county, and lots No. 7 and 9, in block 13 in the city of Osage Mission, in Neosho county. . An order of sale was issued to the sheriff of Allen county, but for want of bidders the land there situate was not sold. An order of sale was issued to the sheriff of Neosho county • commanding him to cause said lots No. 7 and 9 “to be .appraised, advertised, and…
1Opinion of the Court
The opinion of the court was delivered by
Valentine, J.:
The only question in this case is, whether the court below erred in refusing to confirm a sheriff sale, and in setting aside the same. The principal objection, urged against the sale is, that it was a sale of two separate town lots in gross, and not separately. The return of the sheriff is perhaps open to two or more different constructions: First, it *64may be claimed that the said town lots were adjacent, and composed, taken together, only one tract of land; or it may be claimed that they were not adjacent, that one or more other lots…
2Cases cited5 opinions
- Cunningham v. . CassidyNew York Court of Appeals · 1858
- Bunker v. RandWisconsin Supreme Court · 1865
- Bradford v. LimpusSupreme Court of Iowa · 1862
- Lay v. GibbonsSupreme Court of Iowa · 1862
- White v. WattsSupreme Court of Iowa · 1864
3Cited by4 opinions
- Pritchard v. MadrenSupreme Court of Kansas · 1883
- Miller v. TrudgeonSupreme Court of Oklahoma · 1905
- Bell v. TaylorSupreme Court of Kansas · 1875
- Bernhard v. HoveyCourt of Appeals of Kansas · 1899