Carter v. Hyatt

Citations

• 76 Kan. 304
• 91 P. 61
• 1907 Kan. LEXIS 255

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Judicial Sales — Seal Omitted from Order of Sale — Effect of Confirmation. Whether or not an order of sale issued by the clerk of a district court to the sheriff, directing him to sell the land in a foreclosure suit in accordance with a former decree of the court, is authenticated by the seal of the court is a fact necessarily involved in the subsequent adjudication in the confirmation of, or refusal to confirm, the sale.</p> <p>2. —- Presumption of Regularity — Collateral Attack. In such a case, if the court, having jurisdiction of the subject-matter and the parties, confirms the sale, it will be presumed it found that the order of sale was so authenticated; and, if such finding be erroneous, the adjudication is not by reason thereof void but is only voidable, and is vulnerable to attack only in a direct, and not in a collateral, proceeding.</p>