Missouri Valley Land Co. v. Barwick
Supreme Court of Kansas
Error from, Montgomery District Court. The opinion states the case. The court below found that the sale was made on the 10 th day of August, and the confirmation was made on the 30th day of August; and as its conclusion of law therefrom, that “the right of the purchaser at the sheriff’s sale relates back to the time of the confirmation, and not prior thereto.”
Read the full summary
Error from, Montgomery District Court. The opinion states the case. The court below found that the sale was made on the 10 th day of August, and the confirmation was made on the 30th day of August; and as its conclusion of law therefrom, that “the right of the purchaser at the sheriff’s sale relates back to the time of the confirmation, and not prior thereto.” We think that the court must have overlooked the decisions of this court which have so repeatedly decided this question. See Farlin v. Sook, 30 Kas. 402. See, also, 2 Jones, Mortg., §1658. The court below erred in its third conclusion…
1Opinion of the Court
The opinion of the court was delivered by
Johnston, J.:
This was an action to enjoin the sale or removal of corn which had been grown upon mortgaged premises. In April, 1886, Marcellus S. Updike, who was the owner of the land, mortgaged the same for the sum of $1,800. At the same time he executed a second mortgage for the sum of $180. The mortgage debt was payable in five years, and was to draw interest at the rate of 8 per cent., payable semi-annually. The mortgage provided that in case of default on the part of the mortgagor the mortgage should become absolute, and the holder of the mortgage…
2Cases cited6 opinions
- Beckman v. SikesSupreme Court of Kansas · 1886
- Goodwin v. SmithSupreme Court of Kansas · 1892
- Galbreath v. DroughtSupreme Court of Kansas · 1883
- Emerson v. SansomeCalifornia Supreme Court · 1871
- Ruggles v. First National BankMichigan Supreme Court · 1880
1 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Polley v. JohnsonSupreme Court of Kansas · 1893
- McCoy v. Commissioner of Internal RevenueCourt of Appeals for the Tenth Circuit · 1951
- Harrod v. BurkeSupreme Court of Kansas · 1907
- McCoy v. CommissionerUnited States Tax Court · 1950
- Condon v. MarleyCourt of Appeals of Kansas · 1898
5 more not listed; retrieve them via the Exa API.