Cowdin v. Cowdin
Supreme Court of Kansas
Error from, Woodson District Court. The plaintiff in error, Elmira Cowdin, alleges that on the 16th day of June, 1883, the motion to confirm the sale of certain real estate, to wit, the N. E.J of section 17, township 25, south, range 16, east, sold to her on the 2d day of May, 1883, by the sheriff of Woodson county, at a judicial sale, came on to be heard in the district court of that county, and the court refused to confirm said sale, and set the same aside.
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Error from, Woodson District Court. The plaintiff in error, Elmira Cowdin, alleges that on the 16th day of June, 1883, the motion to confirm the sale of certain real estate, to wit, the N. E.J of section 17, township 25, south, range 16, east, sold to her on the 2d day of May, 1883, by the sheriff of Woodson county, at a judicial sale, came on to be heard in the district court of that county, and the court refused to confirm said sale, and set the same aside. Of these proceedings she complains, and brings them here for review. The opinion states the facts.
1Opinion of the Court
The opinion of the court was delivered by
Brewer, J.:
It would seem from the brief of counsel for defendant in error that he was not aware of what the record in this case contains, for his brief is wholly devoted to matters which are not disclosed by the record. What the record discloses is this: After a decree in a foreclosure case, an order of sale was issued, and upon that a sale made to Elmira Cowdin, the present plaintiff in error. She was no party to the action in which the decree was rendered. The sheriff returned the order of sale with his return of a sale to Elmira Cowdin duly indorsed…
2Cases cited2 opinions
- Harrison v. AndrewsSupreme Court of Kansas · 1877
- New England Mortgage Security Co. v. SmithSupreme Court of Kansas · 1881
3Cited by8 opinions
- Board of County Commissioners v. AldenSupreme Court of Kansas · 1944
- Payne v. Long-Bell Lumber Co.Supreme Court of Oklahoma · 1900
- Board of County Commissioners v. AvisSupreme Court of Kansas · 1947
- Smith v. Noble Bros.Supreme Court of Oklahoma · 1915
- First National Bank & Trust Co. v. WetzelCourt of Appeals of Kansas · 2009
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