Kœhler v. Ball
Supreme Court of Kansas
Error from, Leavenworth County. Judgment was entered in the Court below February 18, 1860, against the defendant below, and in favor of the plaintiff for $3,500.11 and costs, and on the 22d day of February, and during the same term of Court, a decree was entered, that in default of payment an order issue for the appraisement and sale “ of the property described in said plaintiffs petition.”
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Error from, Leavenworth County. Judgment was entered in the Court below February 18, 1860, against the defendant below, and in favor of the plaintiff for $3,500.11 and costs, and on the 22d day of February, and during the same term of Court, a decree was entered, that in default of payment an order issue for the appraisement and sale “ of the property described in said plaintiffs petition.” An order of sale was issued March 17th, 1860, an" appraisement had and sale advertised^ but the order returned May' 19th, 1860, property not sold for want of bidders. On August 6th, 1860, an alias order…
1Opinion of the Court
JBy the Court,
Cobb C. J.
Execution was issued out of the District Court of the Territory in Leavenworth County in favor of the defendants in error, plaintiffs in the Court below, against the property of the plaintiffs in error, defendants in that Court, on the 10th day of July 1860, for the collection of $3,500.14 debt, with interest and costs. Certain real estate was sold by the sheriff under said execution and purchased by the plaintiff therein.
On the 5th day of September 1860, in the same Court an order was made on motion of the plaintiff below, and without appearance by the defendant,…
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