Wheatley v. Terry
Supreme Court of Kansas
Error from Wyandotte District Court. Edmund Terry recovered a judgment in the district court in October, 1865, against W. T. Wheatley and Thomas F. Thatcher for $2,317 debt, and for the sale of the “ undivided-half of lot five, in block six, in the city of Wyandotte,” to satisfy such debt, which was decreedto bé a lien on said premises.
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Error from Wyandotte District Court. Edmund Terry recovered a judgment in the district court in October, 1865, against W. T. Wheatley and Thomas F. Thatcher for $2,317 debt, and for the sale of the “ undivided-half of lot five, in block six, in the city of Wyandotte,” to satisfy such debt, which was decreedto bé a lien on said premises. An order of sale was issued to the sheriff, May 24th, 1866; said premises were appraised at $3,000, and the sheriff caused a notice of sale to be published in the Wyandotte Gazette, the first publication being on the 25th of May, and the last on the 23d of…
1Opinion of the Court
*430The opinion of the court delivered by
Sanford, J.:
This was a motion to set aside a sale of real estate and an order of confirmation thereof, on the ground that there had been no advertisement of the property sold, such as is required by law. It is shown that the party in whose interest the sale had been made, and the purchaser at the same, were before the court, and that they waived all objections to the form of the proceedings, and consented that the questions raised should be heard upon the said motion. The record also shows that the allegations of the motion as to want of proper…
2Cited by4 opinions
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