Thompson v. Higginbotham
Supreme Court of Kansas
Error from, Riley Eistrict Court. Judgment was rendered against Thompson, in favor of Higginbotham, in September 1874. An execution was issued in March 1875, and on the first of May thereafter lands of Thompson were sold under said execution, by the sheriff of Riley county. Counter motions were made, to confirm, and to set aside this sale.
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Error from, Riley Eistrict Court. Judgment was rendered against Thompson, in favor of Higginbotham, in September 1874. An execution was issued in March 1875, and on the first of May thereafter lands of Thompson were sold under said execution, by the sheriff of Riley county. Counter motions were made, to confirm, and to set aside this sale. Such motions were heard at the June Terml875. The district court confirmed the sale,and Thompson appeals, and brings the case here on error.
1Opinion of the Court
The opinion of the court was delivered by
Brewer, J.:
1 fflS?tl0n This is a proceeding to review an order of the district court overruling a motion to set aside, and sustaining a motion to confirm, a sale of real estate. These questions are presented by counsel for plaintiff in error in his brief. First: It is insisted there was a failure to make due publication of the notice of sale. The notice was advertised in the Clay County Dispatch. An affidavit of the attorney of the defendant was filed, stating that he had examined eight or ten copies of one of the issues of said paper in which this…
2Cases cited1 opinion
- City of Atchison v. BartholowSupreme Court of Kansas · 1866
3Cited by16 opinions
- State v. PetersonWyoming Supreme Court · 1920
- State v. GleasonSupreme Court of Kansas · 1884
- Leigh v. GreenNebraska Supreme Court · 1902
- Broadwell v. Board of Com'rs of Bryan Co.Supreme Court of Oklahoma · 1922
- Salter v. StateCourt of Criminal Appeals of Oklahoma · 1909
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