Challiss v. Wise
Supreme Court of Kansas
Error from Atchison Cmmt/y. A statement of the facts of the case appears in the opinion of the Court. •1st.’ The Court erred in not confirming the sale made to Challis of the N£ of lot 9 in block 19. The proceedings under the order of sale are all regular. This is admitted. The Court then could only confirm or set aside the sale. See code, Sec. 449. 2d. The Court erred in admitting the testimony offered by the defendants in error.
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Error from Atchison Cmmt/y. A statement of the facts of the case appears in the opinion of the Court. •1st.’ The Court erred in not confirming the sale made to Challis of the N£ of lot 9 in block 19. The proceedings under the order of sale are all regular. This is admitted. The Court then could only confirm or set aside the sale. See code, Sec. 449. 2d. The Court erred in admitting the testimony offered by the defendants in error. It was trying the title to the premises on a motion to confirm a sale. The Court could not thus try this title. The party is entitled to a jury o'n the trial of…
1Opinion of the Court
By the Court,
Kingman J.
The plaintiff in error foreclosed a mortgage against Headley & Carr, sued out an order of sale and became the pui-chaaer at the Sheriff’s sale of the N£ of lot 9 in the *197City of Atchison, and moved the Court for a confirmation of the sale.
The defendants objected to the confirmation. They had a judgment and execution levied on the lot older than Chaliss’ mortgage, and had become the purchaser of the same under their execution.
The Court confirmed the sale of some other property sold under Challiss’ mortgage, but refused to confirm the sale to the NJ- of lot 9.
It was…
2Cited by8 opinions
- White-Crow v. White-WingSupreme Court of Kansas · 1865
- Halsey v. Van VlietSupreme Court of Kansas · 1882
- Dawson v. HelmesSupreme Court of Minnesota · 1882
- Warren v. StinsonNorth Dakota Supreme Court · 1896
- Exchange Trust Co. v. PalmerSupreme Court of Oklahoma · 1933
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