Watkins v. Williams
Supreme Court of Kansas
Mtot from Edwards District Court. ActioN by Watldns against Day and others, to foreclose a mortgage of real estate. Judgment was rendered for the plaintiff, and a sale of the land was made by the sheriff. The plaintiff moved to confirm the sale, and the defendant Williams moved to set it aside. At the June Term, 1884, the court overruled the former motion and sustained the latter. The plaintiff alleges error, and brings the case here. The opinion states the material facts.
1Opinion of the Court
The opinion of the court was delivered by
Valentine, J.:
The only question involved in this case is, whether the court below erred or not in vacating and setting aside a sheriff’s sale of certain real estate for the reason that the notice of the sale had not been published as required by law. The question with regard to the regularity of the sale *150was raised in the court below by a motion on the part of the plaintiff to confirm the sale, and a motion on the part of the •defendant to set aside the sale. The court below overruled the first motion. and sustained the second, and the plaintiff now…
2Cases cited1 opinion
- McCurdy v. BakerSupreme Court of Kansas · 1873
3Cited by5 opinions
- Hatfield v. City of CovingtonCourt of Appeals of Kentucky · 1917
- Johnson v. TaylorSupreme Court of Oklahoma · 1918
- Winslow v. KlundtNorth Dakota Supreme Court · 1924
- Brown v. WilliamsSupreme Court of Kansas · 1928
- Cherry v. City Nat. BankSupreme Court of Oklahoma · 1916