Legal Opinion

Benz v. Hines

Supreme Court of Kansas

Decided January 15, 1866PublishedCited by 31 opinions

Error from Leavenworth County. The facts of the case sufficiently appear in the opinion of the court. Among other points counsel for plaintiff submitted: I. The invalidity of the sheriff’s sale maybe established by evidence in the trial of a real action under the Code, where plaintiff in such action relies upon a sheriff’s deed, notwithstanding confirmation, the deed being only prima facie evidence of the legality of sale.

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Error from Leavenworth County. The facts of the case sufficiently appear in the opinion of the court. Among other points counsel for plaintiff submitted: I. The invalidity of the sheriff’s sale maybe established by evidence in the trial of a real action under the Code, where plaintiff in such action relies upon a sheriff’s deed, notwithstanding confirmation, the deed being only prima facie evidence of the legality of sale. Cvoil Code, sec. 450. (a) . The order of confirmation made on motion, is not res adjudícala. 25 Wend., 335; 4 Sandf. Ch., 438; 6 How. Dr., 321; 3 Abb. Dig., 191, sec. 16 ;…

1Opinion of the Court

By the Coxvrt,

Bailey, J.

This was an action commenced Oct. 21th, 1861, in the District Conrt of the county of Leavenworth, by the defendant in error, (plaintiff below,) to recover of the plaintiff in error, (defendant below,) the south-west quarter of the south-east quarter of section thirty-five, township eight, of range twenty-two, and the damage for the detention thereof. The answer of defendant below, contained a denial of the allegation of the petition of plaintiff below, except it admitted that.the plaintiff was in possession of the premises. The issue was tried at the May term, A. D.…

2Cases cited1 opinion

  1. Jones v. FalesMassachusetts Supreme Judicial Court · 1808

3Cited by31 opinions

  1. Philipowski v. SpencerTexas Supreme Court · 1885
  2. Beals v. ConeSupreme Court of Colorado · 1900
  3. Atchison, Topeka & Santa Fe Rld. v. Comm'rs of Jefferson Co.Supreme Court of Kansas · 1873
  4. Hoge v. NortonSupreme Court of Kansas · 1879
  5. Board of Commissioners v. McIntoshSupreme Court of Kansas · 1883

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