Norton v. Reardon
Supreme Court of Kansas
Error from Chase district court; Dennis Madden, judge. STATEMENT. In the year 1888 Harry E. Norton and wife executed their promissory note for $600 to W. F. Her-wick, and secured the payment of it by a mortgage on 160 acres of land.
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Error from Chase district court; Dennis Madden, judge. STATEMENT. In the year 1888 Harry E. Norton and wife executed their promissory note for $600 to W. F. Her-wick, and secured the payment of it by a mortgage on 160 acres of land. In 1889 suit was brought by Herwick in the district court and a decree of foreclosure entered against the Nortons on November 29, 1889. The decree ordered that the land be appraised, advertised and sold according to law, and that out of the proceeds there be paid the costs of suit and the sale and all taxes due on the premises, and that plaintiff have execution…
1Opinion of the Court
The opinion of the court was delivered by
Smith, J. :
It is the contention of counsel for plaintiffs in error that the final process issued by the clerk to the sheriff, commanding him to appraise and sell the mortgaged real estate decreed by the court to be sold, should have been executed within sixty days from its date, and that a sale after the return-day was void and conveyed no title to the purchaser. This is followed by the argument that a void sale could not be given effect or validity by an order of confirmation.
The nature of the suit in which the decree was entered leads to an inquiry…
2Cases cited7 opinions
- Southern California Lumber Co. v. Ocean Beach Hotel Co.California Supreme Court · 1892
- Thompson v. BurgeSupreme Court of Kansas · 1899
- Jarrett v. HooverNebraska Supreme Court · 1898
- Shultz v. SmithSupreme Court of Kansas · 1876
- Smith v. BurnesSupreme Court of Kansas · 1871
2 more not listed; retrieve them via the Exa API.
3Cited by28 opinions
- Moore v. McPhersonSupreme Court of Kansas · 1920
- Carter v. HyattSupreme Court of Kansas · 1907
- Price Et Ux. v. Citizens State Bank of MediapolisSupreme Court of Oklahoma · 1909
- Folsom v. Mid-Continent Life Ins. Co.Supreme Court of Oklahoma · 1923
- Travelers Insurance Company v. LawrenceCourt of Appeals for the Ninth Circuit · 1974
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