Catlin v. William Deering & Co.

Citations

• 102 Kan. 256
• 170 P. 396
• 1918 Kan. LEXIS 21

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1 Mortgage Foreclosure — Irregularities in Sheriff’s Sale — Sale Confirmed — Sheriff’s Deed Not Open to Attach. Mere irregularities in the conduct of a sheriff’s sale of real'estate, such as the omission to cause an appraisement where that is required, or the failure to name an hour in the notice of the sale, can afford no basis for an attack upon the sheriff’s deed after a decree of confirmation has been/rendered from which no appeal has been taken.</p> <p>2. Same — Sheriff’s Sale — Valid Order of Sale — Void Execution. A sheriff’s sale of real estate made under a valid order of sale and a void execution is not a nullity, and after it has been confirmed and the decree of confirmation has become final the title of the purchaser is not open to attack on the ground of the invalidity of the execution.</p> <p>3. Same — Sheriff’s Deed — Title of Grantee Not Open to Attack. Where a sheriff’s sale of real estate, made under an order of sale based on the foreclosure of a mortgage, and also under an execution, has been confirmed, and after the expiration of the period of redemption a deed has been executed, the title of the grantee is not open to attack on the ground that the land sold was occupied as a homestead and was therefore exempt from sale on a general execution.</p>