Seeley v. Johnson

The opinion of the court was delivered by

Smith, J.:

The question involved in this suit is whether a sale of real estate made under a special execution issued on a judgment in foreclosure after the death of the plaintiff, without a revivor, is of any validity. Many authorities have been collected by counsel on both sides. In determining the law applicable to the case we think it unnecessary to go beyond the precedents established by this court. In Halsey v. Van Vliet, 27 Kan. 474, two executions were issued after the death of a defendant, the first one within four months thereafter, and the…