Gapen v. Stephenson
Supreme Court of Kansas
Error from Montgomery District Court. Action by Stephenson against James Z. Gapen. An attachment at the commencement of the action (in August 1873) was issued, and levied on real estate. A motion by Gapen to discharge the attachment was overruled. Trial, and judgment in favor of Stephenson, at the September Term 1874, for $3,000, and interest, and costs, and lien of attachment on real estate continued, and decree for the sale of - attached property.
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Error from Montgomery District Court. Action by Stephenson against James Z. Gapen. An attachment at the commencement of the action (in August 1873) was issued, and levied on real estate. A motion by Gapen to discharge the attachment was overruled. Trial, and judgment in favor of Stephenson, at the September Term 1874, for $3,000, and interest, and costs, and lien of attachment on real estate continued, and decree for the sale of - attached property. Order of sale issued February 9th 1875. The sheriff’s return shows that he “levied said writ” upon the real estate therein described, and caused…
1Opinion of the Court
*615The opinion of the court was delivered by
Horton, C. J.:
Plaintiffs in error, by this proceeding,, seek to reverse the order of the court below confirming the sale of the real estate made by the sheriff in the action.. Upon the hearing of the motion to confirm, the plaintiffs in error interposed their motion to set aside the sale for the reasons —
“ 1st, That the sheriff returned Thomas H. Wills, as the-purchaser at the sale, when in truth and in fact said Wills did not bid upon nor purchase the real estate at the sale, but one H. M. Bradley bid upon and was the purchaser of the property for…
2Cases cited6 opinions
- Morris v. WardSupreme Court of Kansas · 1869
- White-Crow v. White-WingSupreme Court of Kansas · 1865
- Bond v. WilsonSupreme Court of Kansas · 1871
- Starkweather v. MorganSupreme Court of Kansas · 1875
- Jamison v. TudorCourt of Appeals of Kentucky · 1843
1 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Brewer v. WarnerSupreme Court of Kansas · 1919
- King v. WilsonSupreme Court of Kansas · 1915
- Payne v. Long-Bell Lumber Co.Supreme Court of Oklahoma · 1900
- Given v. OwenSupreme Court of Oklahoma · 1918
- Crim v. ThompsonOregon Supreme Court · 1924
1 more not listed; retrieve them via the Exa API.