Northrop v. Cooper
Supreme Court of Kansas
Error from Jefferson District Court. September 22, 1876, C. 8. Northrop filed his petition against James M. Cotton and Elizabeth Cotton in the district court of Jefferson county, for judgment against James M. Cotton upon certain notes, and the foreclosure of a mortgage given to secure their payment. December 8, 1876, plaintiff amended his petition, making four others defendants, and asking simply equitable relief against them. All were duly served with summons.
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Error from Jefferson District Court. September 22, 1876, C. 8. Northrop filed his petition against James M. Cotton and Elizabeth Cotton in the district court of Jefferson county, for judgment against James M. Cotton upon certain notes, and the foreclosure of a mortgage given to secure their payment. December 8, 1876, plaintiff amended his petition, making four others defendants, and asking simply equitable relief against them. All were duly served with summons. Sarah Cotton, another defendant, was made a party on her own motion, and filed her answer. February 19, 1877, a decree was granted in…
1Opinion of the Court
The opinion of the court was delivered by
Brewer., J.:
After a decree had been properly entered, foreclosing a mortgage, an order of sale was issued, the property advertised for sale, and sold to S. S. Cooper for $100. After the sale, both mortgagor and mortgagee file motions to set aside, while the purchaser files one to confirm the sale. The latter is sustained and the former overruled, and upon these rulings the plaintiffs in error come to this court.
The first question is as to the publication of the notice of sale. It is claimed that this was not continued for a sufficient length of time.…
2Cases cited3 opinions
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