Shultz v. Smith
Supreme Court of Kansas
Fh'-ror from Howard District Court. A degree of foreclosure and sale was rendered at the October Term 1874 of the Howard district court, in an action wherein Shultz was plaintiff, and Smith and wife were defendants.
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Fh'-ror from Howard District Court. A degree of foreclosure and sale was rendered at the October Term 1874 of the Howard district court, in an action wherein Shultz was plaintiff, and Smith and wife were defendants. On the 24th of November 1874 the clerk of said court issued an order of sale (called in the record “ an order of sale, or special execution,”) directed to the sheriff of said county, reciting said decree, and the non-payment of the judgment-debt, and commanding said sheriff to cause the mortgaged premises described in the decree “ to be appraised, advertised and sold according to…
1Opinion of the Court
The opinion of the court was delivered by
Valentine, J.:
The only question presented for our consideration in this case is, whether the court below erred in setting aside a certain sheriff sale. Indeed, about the only question is, whether a sheriff can legally and properly sell real estate on execution after the return-day of the execution, añd more than sixty days after its date and after it was issued. The execution in this case was issued and dated -November 24th 1874, and made returnable in sixty days, and the sale was made on January 27th 1875. Section 469 of the civil code provides that,…
2Cases cited3 opinions
- Haggerty v. WilberNew York Supreme Court · 1819
- Vail v. LewisNew York Supreme Court · 1809
- Devoe v. ElliotNew York Supreme Court · 1804
3Cited by6 opinions
- Norton v. ReardonSupreme Court of Kansas · 1903
- Ireland v. Linn County BankSupreme Court of Kansas · 1918
- First National Bank v. Farmers' National BankSupreme Court of Kansas · 1900
- Buckley v. MasonNebraska Supreme Court · 1897
- John Hancock Mutual Life Insurance v. HeinzeSupreme Court of Kansas · 1935
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