Legal Opinion

McGeorge v. Sease

Supreme Court of Kansas

Decided July 15, 1884Published

Error from Sumner District Ctnvrt. Action by McGeorge against Sease and wife, upon certain proinissory notes and a real-estate mortgage.

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Error from Sumner District Ctnvrt. Action by McGeorge against Sease and wife, upon certain proinissory notes and a real-estate mortgage. Judgment for tbe plaintiff, February 16,1883. An order of sale was issued in accordance with the judgment, and on October 1, 1883, the sheriff sold the mortgaged real estate at public auction to J. B. Wathins for $300. April 21, 1884, (at which time the land was worth from $1,500'to $1,600,) the court overruled plaintiff’s motion to confirm thesale, and also overruled the motion to allow an increase of tlie purchaser’s bid, and sustained the motion to set…

1Opinion of the Court

The opinion of the court was delivered by

Valentine, J.:

February 16, 1883, William McGeorge, as j>laintiff, recovered judgment against the defendants, George W. Sease and Sarilda Sease, husband and wife, upon certain promissory notes and a real-estate mortgage. The judgment was for the sum of $765.12, with interest and costs, and for the sale of the mortgaged property without appraisement and after six-months’ stay of execution. At that time the property was considered as worth but little more than the judgment. On August 23,1883, an order of sale was issued in pursuance of said judgment, and…

2Cases cited5 opinions

  1. Dewey v. LinscottSupreme Court of Kansas · 1878
  2. Cowdin v. CowdinSupreme Court of Kansas · 1884
  3. New England Mortgage Security Co. v. SmithSupreme Court of Kansas · 1881
  4. Wallace v. BergerSupreme Court of Iowa · 1868
  5. Keene Five-Cent Savings Bank v. MarshSupreme Court of Kansas · 1884

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