Kirkwood v. Reedy
Supreme Court of Kansas
Error from' Marshall District Court. Kirkwood brought his action against Reedy and wife to foreclose a mortgage executed by them. The defendants did not appear. Judgment of foreclosure and sale was entered, and the lands advertised and sold.
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Error from' Marshall District Court. Kirkwood brought his action against Reedy and wife to foreclose a mortgage executed by them. The defendants did not appear. Judgment of foreclosure and sale was entered, and the lands advertised and sold. The sale, (which ivas for a less sum than the mortgage debt,) was confirmed in April 1865. On the 1st of December 1869 an execution was issued to the sheriff of Marshall county for the collection of the deficiency arising upon the sale of the mortgaged premises. On the 16th of February 1870 Reedy and wife entered a special appearance and filed a motion to…
1Opinion of the Court
The. opinion of the court was delivered by
Valentine, J.:
It has already been decided in this court that where a defendant has been regularly served by summons, *455and there is a defect in the return of the officer respecting the service, the defect may at any time, even long after judgment, in furtherance of justice, be cured by amendment, so as to make the return conform to the facts: (Foreman v. Carter, 9 Kas., 674; Challiss v. Headly & Carr, 9 Kas., 684;) and to this decision we still adhere. As to one of the defendants in the present case, however, there seems to be no defect in the return of…
2Cases cited2 opinions
- Foreman v. CarterSupreme Court of Kansas · 1872
- Challiss v. Headley & CarrSupreme Court of Kansas · 1872
3Cited by10 opinions
- Wilkins v. TourtellottSupreme Court of Kansas · 1882
- Wade v. WadeOregon Supreme Court · 1918
- Pierce v. ButtersSupreme Court of Arkansas · 1878
- Valley Bank & Savings Institution v. Ladies' Congregational Sewing SocietySupreme Court of Kansas · 1882
- Fee v. Kansas City, Fort Scott & Memphis RailroadMissouri Court of Appeals · 1894
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