Lortz v. Rose

This is an action involving title to real estate. Plaintiffs sued to set aside a sheriff’s deed to land in Barton County sold under execution to defendants, Rose. Plaintiffs included in their prayer a request for relief in that the court “adjudge and define the respective rights, titles and interests of the parties herein to said property.”

Defendants admit they bought the land at the execution sale and deny plaintiffs’ right to relief. At the time of the execution sale-there was a deed of trust against the land which constituted a paramount lien. The sale under execution was subject to this…