Carithers v. Weaver
Supreme Court of Kansas
jError from Johnson District Court. Ejectment, brought in the district court of Johnson county, to recover the possession of lots six and nine, in block fifty-one in the town of Olathe.
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jError from Johnson District Court. Ejectment, brought in the district court of Johnson county, to recover the possession of lots six and nine, in block fifty-one in the town of Olathe. The plaintiff in error, Samuel Carithers, who was plaintiff below, claimed title by virtue of a deed from his father, Noble Carithers, of date Sept. 29th, 1862. Defendants set up a sheriff’s deed executed to Elizabeth F. Weaver, in pursuance of a sale upon an execution issued on a judgment rendered September 4th, 1862, in said district court, against Noble Carithers; and also a tax-deed issued to John T.…
1Opinion of the Court
*118The opinion of the court was delivered by
Brewer, J.:
The record presents several questions for our consideration. The sale to Elizabeth E. Weaver was made March 30th, 1863, for $200. Within one year, and on the 29th of March, 1864, plaintiff paid to the sheriff who made the sale, and who was still sheriff, for the redemption of said property, $220, the amount for which the property was sold, and ten per cent, interest. The sheriff on the same day tendered the amount to the purchaser, which was refused. A tender of the money is, by the terms of the law, made equivalent to payment. Also payment…
2Cases cited10 opinions
- Gardner v. . OgdenNew York Court of Appeals · 1860
- Moss v. ShearCalifornia Supreme Court · 1864
- Grumley v. WebbSupreme Court of Missouri · 1869
- Jackson v. ClevelandMichigan Supreme Court · 1866
- Taylor v. MilesSupreme Court of Kansas · 1870
5 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- Lamborn v. County CommissionersSupreme Court of the United States · 1878
- Ott v. SpragueSupreme Court of Kansas · 1882
- Cain v. EhrlerSouth Dakota Supreme Court · 1914
- Hurley v. HurleyMassachusetts Supreme Judicial Court · 1889
- Battin v. WoodsWest Virginia Supreme Court · 1885
18 more not listed; retrieve them via the Exa API.