Kline v. Camp
Supreme Court of Kansas
Error from Harvey District Court. The opinion states the case. Appraisement was not waived in this case. Therefore, the lands had to be sold upon appraisement; and that such sale could not be made for less than two-thirds of the appraised value is too well known to need the citation of authorities. Ereeman on Executions, in § 284, says: “The appraisement laws are intended to prevent the sacrifice of the defendant’s property.
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Error from Harvey District Court. The opinion states the case. Appraisement was not waived in this case. Therefore, the lands had to be sold upon appraisement; and that such sale could not be made for less than two-thirds of the appraised value is too well known to need the citation of authorities. Ereeman on Executions, in § 284, says: “The appraisement laws are intended to prevent the sacrifice of the defendant’s property. To promote this object, they usually provide that the sale shall not be for less than two-thirds of the appraised value of the property.” Again, in § 284, the same author…
1Opinion of the Court
Opinion by
Strang, C.:
October 12, 1888, defendants in error, who were plaintiffs below, obtained a personal judgment against these plaintiffs for the sum of $1,401.93, and also for a foreclosure of a mortgage on the southwest quarter of section 24, and the northwest quarter of section 25, all in township 22 south, of range 2 east, in Harvey county, Kansas. Upon said judgment, the court directed an order of sale to issue to the sheriff, commanding him to appraise, advertise and sell said lands. The order of sale was issued, the land duly appraised at $2,740, advertised and offered for sale, but…
2Cited by1 opinion
- Alexander v. American Nat. BankSupreme Court of Oklahoma · 1915