Hoffmire v. Holcomb
Supreme Court of Kansas
Error from, Dickinson District Court. At the April Term 1873 of the district court, Halcomb, as plaintiff, recovered a judgment against Samuel H. Weaver for the sum of $532.29, and costs, and a decree against said Weaver and wife, and James Hoffmire and three others, foreclosing a mortgage given by Weaver and wife to secure the note on which said judgment was recovered, and for a sale of the mortgaged premises.
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Error from, Dickinson District Court. At the April Term 1873 of the district court, Halcomb, as plaintiff, recovered a judgment against Samuel H. Weaver for the sum of $532.29, and costs, and a decree against said Weaver and wife, and James Hoffmire and three others, foreclosing a mortgage given by Weaver and wife to secure the note on which said judgment was recovered, and for a sale of the mortgaged premises. Sale thereof was had; and at the September Term 1873 of the said court, a motion by defendants to set aside said sale was overruled, and the sale confirmed — the court ordering the…
1Opinion of the Court
*379The opinion of the court was delivered by
Brewer, J.:
This was an action in the district court of Dickinson county, to foreclose a mortgage. A decree was entered, and sale made. James Hoffmire, the grantee of the mortgagor, and who held the fee at the time of the foreclosure, is the only party complaining here. On the sale, the property realized more than the claims against it. Upon confirmation of the sale the district court ordered that the surplus be paid over to Hoffmire as the owner of the fee, and it was so done. Having received such surplus, can he now question the sufficiency of the…
2Cases cited1 opinion
- Babbitt v. CorbySupreme Court of Kansas · 1874
3Cited by7 opinions
- Sage v. FinneyMissouri Court of Appeals · 1911
- Seaverns v. StateSupreme Court of Kansas · 1907
- Bury v. BuryMontana Supreme Court · 1924
- Bennett v. BennettSupreme Court of Kansas · 1923
- Bierce v. McNinchSupreme Court of Kansas · 1924
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