Lemen v. Kansas Flour Mills Co.

The opinion of the court was delivered by

Mason, J.:

In 1893 as a part of the statute giving the owner a right to redeem real estate sold at sheriff’s sale, a^ section of the code of civil procedure requiring the appraisement of realty taken on execution was repealed. Another section forbidding a sale by the sheriff for less than two-thirds of the appraisement, and several other sections assuming the existence of an appraisement, remained unrepealed. This court held in 1905 that notwithstanding the unrepealed provisions such as that in terms forbidding a sale for less than two-thirds, of the…