State ex rel. Henry v. McArthur
Supreme Court of Kansas
Motion for a Writ of Mandamus. The facts of the case appear in the opinion of the court. 1. A judgment of foreclosure is not within the intent of section 484 of the civil code of 1859, [Cbmp. i.,* 194.] This section only applies to judgments at law. This is evident by the preceding section providing when lands shall be bound for a judgment. In case of a decree or foreclosure of a mortgage, the land is bound from the delivery of the mortgage.
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Motion for a Writ of Mandamus. The facts of the case appear in the opinion of the court. 1. A judgment of foreclosure is not within the intent of section 484 of the civil code of 1859, [Cbmp. i.,* 194.] This section only applies to judgments at law. This is evident by the preceding section providing when lands shall be bound for a judgment. In case of a decree or foreclosure of a mortgage, the land is bound from the delivery of the mortgage. The proceedings under executions on the one hand and orders of sale on the other are very different. See §§ 480, 434, 407, 408, 621, Civil Code, 1859;…
1Opinion of the Court
By the Court,
Kingman, C. J.
The affidavit of the relator shows that, on the 31st day of October, 1860, he recovered a judgment against one B. Thomas, for $408 and costs, in the district court *282of Shawnee county; that one of the causes of action on which said judgment was rendered, was a mortgage executed by the said Thomas to the respondent; that said judgment foreclosed the equity of redemption of said Thomas in certain real estate therein described, and the same previously mortgaged, and ordered the same to be sold to satisfy the judgment; the affidavit further shows that the debt remains…
2Cited by23 opinions
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- Perkins v. Sierra Nevada Silver Mining Co.Nevada Supreme Court · 1876
- Halsey v. Van VlietSupreme Court of Kansas · 1882
- Lenon v. Standard Oil Co.Supreme Court of Kansas · 1931
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