Armstead v. Jones

Citations

• 71 Kan. 142
• 80 P. 56
• 1905 Kan. LEXIS 106

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Ejectment — Misnomer of Defendant — Idem Sonans. In an action in ejectment against a defendant described as “Ned Armstead,” in which plaintiff derives title through a judgment against one designated as “Ned Almstead” and “Ned Olmstead,” the testimony of the officer who' served the summons in the action in which such judgment was rendered that such service was made upon the person who is defendant in the ejectment action justifies treating “Almstead” and “Olmstead” as different spellings of the name “Armstead.”</p> <p>2. Judicial Sale — No Appraisement Necessary. Under the present statute no appraisement of real estate sold upon execution is required, even where such sale is expressed to be subject to a mortgage.</p> <p>3. - Certificate of Purchase Not a Prerequisite to a Deed. Where a sale of real estate on execution is made subject to the right of redemption the issuance of a certificate of purchase is not a prerequisite to the execution of a sheriff’s deed for the property sold.</p> <p>4. - Misrecitals in Sheriff’s Deed Will Not Prevent Recovery. In an action of ejectment, where it is shown that plaintiff is entitled to a valid sheriff’s deed to the property in controversy, based upon a sale on execution, and has in fact received a deed from the proper officer purporting to convey it to him, misrecitals in such deed will not enable the execution defendant to defeat a recovery.</p> <p>5. -Proper Person to Make Deed. Where real estate is sold upon execution, subject to the right of redemption, the proper person to make the deed is the sheriff who is in office when the right to the deed accrues.</p>