Wheatley v. Tutt
Supreme Court of Kansas
Error from Wyandotte Ootonty. The facts of the case fully appear in the subjoined opinion. contended : 1. The order of attachment does not conform to the constitution {Art. 3, § 17), nor to the civil code (§ 592). 2. The premises attached, ordered sold, appraised, and advertised, consisted of a whole lot. The process conformed thereto, "but the sheriff sold only one undivided half thereof. This was error.
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Error from Wyandotte Ootonty. The facts of the case fully appear in the subjoined opinion. contended : 1. The order of attachment does not conform to the constitution {Art. 3, § 17), nor to the civil code (§ 592). 2. The premises attached, ordered sold, appraised, and advertised, consisted of a whole lot. The process conformed thereto, "but the sheriff sold only one undivided half thereof. This was error. (Sleeper v. New-berry Seminary, 19 Yt., 451; Helton v. Ilanson, 18 Maine, 397; 10 Ind., 146; 42 Maine, 414; 17 Mass., 240 ; 9 id., 272, 138; 14 id., 20; 13 id., 483; 1 Ohio, 278; 1 Crimes,…
1Opinion of the Court
By the Cowrt,
Safford, J.
This proceeding is brought to reverse an order of the district court of Wyandotte county, made Oct. 5th, 1803, confirming the sale of an undivided one-half of lot 5, in block 0, in the city of Wyandotte. Several objections are urged upon our notice by the plaintiff in error, in support of his right to such reversal, but we shall confine ourselves to the consideration of a single one, and that is as to the regularity of the proceedings had in the cause in which the said sale was made and confirmed, and previous to, and including such confirmation. Having reference to…
2Cited by5 opinions
- Blackwell v. TownsendCourt of Appeals of Kentucky · 1891
- Norton v. ReardonSupreme Court of Kansas · 1903
- Smith v. BurnesSupreme Court of Kansas · 1871
- Tutt v. FergusonSupreme Court of Kansas · 1874
- Walker v. McLoudCourt of Appeals for the Eighth Circuit · 1905