Whitaker v. Beach
Supreme Court of Kansas
Error from Leavenworth District Court Judgment of foreclosure, and for the sale of the mortgaged premises, was entered in an action wherein Beach was plaintiff, and Mills and Mills were defendants. The property was sold at sheriff sale, and bid in by Whitaker. The district court set the sale aside, at the May Term 1873, and from this order Whitaker appeals, and brings the case here on error.
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Error from Leavenworth District Court Judgment of foreclosure, and for the sale of the mortgaged premises, was entered in an action wherein Beach was plaintiff, and Mills and Mills were defendants. The property was sold at sheriff sale, and bid in by Whitaker. The district court set the sale aside, at the May Term 1873, and from this order Whitaker appeals, and brings the case here on error. The notice given by the sheriff, of the time and place of sale, was sufficient, as the words of the statute ai’e answered by one publication inserted in a newspaper thirty days before the day of sale.…
1Opinion of the Court
The opinion of the court was delivered by
Brewer, J.:
On the 26th of April, 1873, the plaintiff in error purchased at sheriff sale 80 acres of land in Leavenworth county, which was sold in pursuance of a decree of foreclosure previously rendered by the district court of said county. An order of sale was issued on said decree to the sheriff, who caused the property to be advertised for sale— the advertisement being published in the Leavenworth Weekly Times four consecutive weeks, to-wit, on the 20th and 27th days of March, and on the 3d and 10th days of April. The proceedings of the sheriff are…
2Cases cited1 opinion
- McCurdy v. BakerSupreme Court of Kansas · 1873
3Cited by19 opinions
- Leavitt v. BellNebraska Supreme Court · 1898
- Wilson v. Northwestern Mut. Life Ins.Court of Appeals for the Eighth Circuit · 1894
- Hatfield v. City of CovingtonCourt of Appeals of Kentucky · 1917
- Morgan v. StevensSupreme Court of Oklahoma · 1923
- Watkins v. IngeSupreme Court of Kansas · 1880
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