Green v. Corson
Green v. Corson
Opinion of the Court
The opinion of the court was delivered by
This is a proceeding to review the rulings of the district court of Cowley county refusing to set aside a judicial sale of real property and confirming such sale. On May 4, 1888, Joseph B. Corson obtained a judgment against A. H. Green and others, for the sum of $6,097.61, and also a decree foreclosing a mortgage given to secure the debt on three, lots in the city of Winfield. The decree directed the sale of the property, without appraisement, to satisfy the judgment. On February 6, an order of sale was issued to the sheriff, and that officer gave notice of a sale to be had on March 9,1889, which was published in the Winfield Courier. The return made by the sheriff shows that a sale was made on that day, of each of the lots separately, for the total sum of $6,000. A motion was made by the plaintiff, who was the purchaser at the sale, for a confirmation, and at the same time the defendant, A. H. Green, moved the court to set aside the sale because of the insufficiency of the notice published by the sheriff. In his affidavit, Green states that the notice of sale, as published in the Winfield Daily Courier, on the 6th and 7th days of March, stated that the sale would occur on March 6, 1889, instead of March 9, 1889, as it had appeared in the other issues of the paper. Testimony was taken before the court which showed that the notice was published correctly in every issue of the Winfield Daily Courier from and including February 6, to March 8, 1889, in all of which it was recited that the sale would occur on March 9, 1889, except the issues of March 6 and 7, 1889; in each of those issues the figure “9” had been taken out and turned upside down, so as to somewhat resemble the figure “6.” Proof was offered tending to show that this change in the notice was caused or procured to be done by the plaintiff in error? and the district court appears to have found from the testi
The objection that no appraisement of the property sold was made and returned by the officer prior to the sale is without force, since the judgment shows that the sale was to be made without appraisement.
The order of the court confirming the sale will be affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.