Austin v. Ballard

Citations

• 84 Kan. 619
• 114 P. 1084
• 1911 Kan. LEXIS 381

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Judicial Sales — Transfer of Bid by Purchaser — Grantee in Sheriff’s Deed. A purchaser of land at a sheriff’s sale under a judgment in foreclosure proceedings may transfer his bid, and the sheriff’s deed may be made to the transferee.</p> <p>.2. •- Omission to Recite Transfer in Deed — Parol Evidence. Where the interest of a purchaser at a sheriff’s sale is transferred to another, to whom the deed is made, and the deed, otherwise in proper form, does not contain a recital of such transfer, the fact may be shown by extrinsic evidence.</p> <p>.‘3. Judgments — Res Judicata. A party holding title under a sheriff’s deed, made to him upon a transfer of the interest of the purchaser at the sheriff’s sale, who fails to produce evidence of such transfer, although within his power to do so, and who, because of such failure, is defeated in an action of ejectment brought against a party in possession of the land, is estopped by the judgment from maintaining a new action against the same party upon a new deed based upon the same sheriff’s sale and order of confirmation.</p>