Collins v. Ritchie
Supreme Court of Kansas
Error from Shawnee District Court. This proceeding is prosecuted to reverse an order of tbe district court of Shawnee county setting aside a sale of real estate on execution, and refusing a motion to confirm the sale.
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Error from Shawnee District Court. This proceeding is prosecuted to reverse an order of tbe district court of Shawnee county setting aside a sale of real estate on execution, and refusing a motion to confirm the sale. The facts are substantially these: On the 8th day of April, 1876, Joseph Black recovered a judgment against John Eitchie and Mary Jane Eitchie, in the district court of Shawnee county, in a case wherein Isaac Shellabarger was plaintiff and John Eitchie and others were defendants. On March 5, 1883, there being a balance unpaid on the judgment, and the same being in full force, an…
1Opinion of the Court
The opinion of the court was delivered by
Horton, C. J.:
The writer is of the opinion that if the district court was convinced, upon the hearing before it, that the return of the officer was not in accordance with the actual facts therein set forth, or that the officer had in any way abused the process, the court had the power to refuse to confirm the sale. The other members and the majority of this court, however, are of the opinion that upon the record, the purchaser at the sale had rights which it was the duty of the court to protect; that as the return of the officer shows after diligent…
2Cases cited1 opinion
- Challiss v. WiseSupreme Court of Kansas · 1863
3Cited by3 opinions
- Battersby v. GillespieNorth Dakota Supreme Court · 1928
- Bryant v. Trutnel Realty Corp.New York Supreme Court · 1959
- Delaware County Trust Co. v. Goldberg, Pennsylvania Court of Common Pleas, Delaware County1935