Carter v. Hyatt
Supreme Court of Kansas
Error from Pratt district court; Preston B. Gillett, judge. STATEMENT. John D. Carter brought this suit in the district court of Pratt county to recover a certain tract of land,admitting that he should first pay the amount which should be found to be due from him after an accounting, for which he prayed.
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Error from Pratt district court; Preston B. Gillett, judge. STATEMENT. John D. Carter brought this suit in the district court of Pratt county to recover a certain tract of land,admitting that he should first pay the amount which should be found to be due from him after an accounting, for which he prayed. In his petition he alleged, in substance, that in August, 1886_, he mortgaged the land to secure the payment of a note and interest coupons; that he defaulted in payment; that a suit was brought against him by the holder of the mortgage for the foreclosure thereof; that judgment was therein…
1Opinion of the Court
The opinion of the court was delivered by
Smith, J.:
The only question necessary to be considered in this case is whether the omission of the clerk to affix his seal to the order of sale renders all the subsequent proceedings void and subjects them to collateral attack, or whether the subsequent proceedings were only voidable, and were so far at least validated by the order of the court confirming the sale as to render them invulnerable to a collateral attack. We hold the latter view.
That the sale was at least voidable at the time and *306before the confirmation thereof must be fully admitted. The…
2Cases cited13 opinions
- Stouffer v. HarlanSupreme Court of Kansas · 1903
- Knaggs v. MastinSupreme Court of Kansas · 1872
- Norton v. ReardonSupreme Court of Kansas · 1903
- Robertson v. SmithSupreme Court of Virginia · 1897
- In re WallaceSupreme Court of Kansas · 1907
8 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- Moore v. McPhersonSupreme Court of Kansas · 1920
- Folsom v. Mid-Continent Life Ins. Co.Supreme Court of Oklahoma · 1923
- McFall v. FordSupreme Court of Kansas · 1931
- Brewer v. WarnerSupreme Court of Kansas · 1919
- State Ex Rel. Com'rs of the Land Office v. WardenSupreme Court of Oklahoma · 1946
15 more not listed; retrieve them via the Exa API.