Wilkerson v. Belknap Savings Bank
Supreme Court of Kansas
Error from Shawnee District Cowrt. On the 1st day of March, 1892, in the district court of Shawnee county, a judgment of foreclosure of a mortgage upon land was rendered in favor of the Belknap Savings-Bank against Wyatt R. Johnson, for $1,676. In April, 1893, the land was sold upon an order of sale to satisfy the judgment, by the sheriff of Shawnee county, who in his return charged the usual fees and commission provided by law in such cases.
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Error from Shawnee District Cowrt. On the 1st day of March, 1892, in the district court of Shawnee county, a judgment of foreclosure of a mortgage upon land was rendered in favor of the Belknap Savings-Bank against Wyatt R. Johnson, for $1,676. In April, 1893, the land was sold upon an order of sale to satisfy the judgment, by the sheriff of Shawnee county, who in his return charged the usual fees and commission provided by law in such cases. The Belknap Savings Bank moved the court to disallow so much of the sheriff’s charges as consisted of his commission, upon the ground that the…
1Opinion of the Court
The opinion of the court was delivered by
HoetoN, C. J.:
It is forcibly contended that § 27, chapter 109, Laws of 1893, is without force or effect upon various grounds; among other things, that it is unconstitutional, because the act contains more than one subject, and because the subject of said section is not clearly expressed in the title, and also because its provisions are so uncertain that they cannot be intelligently applied. The title of the act is as follows:
“An act to regulate the sale of real estate under execution, order of sale, or other judicial process, and providing for the…
2Cases cited1 opinion
- Harvey v. Board of CommissionersSupreme Court of Kansas · 1884
3Cited by2 opinions
- Berry, Sheriff v. KieferSupreme Court of Oklahoma · 1913
- Richey v. FergusonSupreme Court of Kansas · 1914