Legal Opinion

Hackett v. Lathrop & Smith

Supreme Court of Kansas

Decided January 15, 1887PublishedCited by 3 opinions

Error from Woodson District Court. Action brought in the district court of Coffey county, by Lathrop & Smith against Thomas Hackett and Margaret A. Hackett, upon a note and mortgage executed by the defendants. All the parties to this action were non-residents of this state.

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Error from Woodson District Court. Action brought in the district court of Coffey county, by Lathrop & Smith against Thomas Hackett and Margaret A. Hackett, upon a note and mortgage executed by the defendants. All the parties to this action were non-residents of this state. Service was made by publication, and was sufficient in form and substance, but the proof of publication showed that the notice was first published on the 14th day of October, 1880. Judgment was rendered on the 10th day of December, 1880, being twenty-seven days from the date of first publication, as appeared from the proof…

1Opinion of the Court

Opinion by

Holt, C.:

The plaintiffs in error complain of the confirmation of the sale of the land, stating that the no*663tice of the sale was not published the time required by law before the day the land was sold. The statute provides that the publication shall be for at least thirty days before the day of sale. The first publication being upon the 23d day of June, and the sale not being made until the 23d day of July, shows that it was published the time required by statute, the day of the first publication being included within the required thirty days. (Northrop v. Cooper, 23 Kas. 432.)

The…

2Cases cited1 opinion

  1. Northrop v. CooperSupreme Court of Kansas · 1880

3Cited by3 opinions

  1. City of Chickasha v. O'BrienSupreme Court of Oklahoma · 1915
  2. Transport Clearing House, Inc. v. RostockSupreme Court of Kansas · 1968
  3. City of Chickasha v. O'BrienSupreme Court of Oklahoma · 1915

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