Watkins v. Jerman
Supreme Court of Kansas
Error from Ellsworth District Court. Proceeding brought in this court to reverse an order of the district court of Ellswoi’th county, refusing to grant a writ of assistance to J. E. Watkins, the purchaser of certain real estate sold by the sheriff of said county, in an action foreclosing a real-estate mortgage.
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Error from Ellsworth District Court. Proceeding brought in this court to reverse an order of the district court of Ellswoi’th county, refusing to grant a writ of assistance to J. E. Watkins, the purchaser of certain real estate sold by the sheriff of said county, in an action foreclosing a real-estate mortgage. The decree of foreclosure provides, among other things, that “ each and all of such defendants, and all persons claiming or to claim under or through them, or either of them, be barred and foreclosed of all right, title, intei’est, claim and equity of redemption in and to the…
1Opinion of the Court
The opinion of the court was delivered by
Valentine, J.-.
We think the court below erred. The holder of a sheriff’s deed for real estate purchased under a decree of foreclosure of a mortgage and a sale of the mortgaged premises, has a right to a writ of assistance to procure the possession of the premises purchased, as against all persons who were parties to the foreclosure suit, and all who hold under authority given by such parties after the .'commencement of such suit. (Bird v. Belz, 33 Kas. 391; Bell v. Birdsall, 19 How. Pr. 491; 2 Jones on Mortgages, §1663.)
The order of the court below…
2Cases cited2 opinions
- Bird v. BelzSupreme Court of Kansas · 1885
- Betts v. BirdsallThe Superior Court of New York City · 1860
3Cited by6 opinions
- Baldwin v. McDonaldWyoming Supreme Court · 1916
- State ex rel. Flowerree v. District CourtMontana Supreme Court · 1924
- Lundstrum v. BransonSupreme Court of Kansas · 1914
- Sutor Bros. v. HebertSupreme Court of Kansas · 1925
- Anderson v. ThompsonArizona Supreme Court · 1889
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