Duncan v. Benton & Hopkins Investment Co.

Citations

• 102 Kan. 725
• 172 P. 522
• 1918 Kan. LEXIS 128

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Jurisdiction — Transcript from. Justice of Peace — Filed with Clerk of District Court of Another County — Execution Sale Without Jurisdiction. Where a judgment is rendered by a justice of the peace of one county, and a transcript of the judgment is filed with the clerk of the district court of that county, and a copy of that transcript is filed with the clerk of the district court of another county, and an execution is/ issued thereon in the latter county, on which execution a sheriff’s sale of real property is made, and the sale is confirmed, and the sheriff’s deed is afterward issued, the execution, sheriff’s sale, confirmation, and sheriff’s deed are void, for the reason that the district court of the latter county is without any jurisdiction in the matter; and where the -grantee in the sheriff’s deed afterward conveys the real property to other parties, the execution, sale, confirmation, sheriff’s deed, and subsequent conveyance may be attacked and set aside in an action brought for that purpose. A petition which alleges the facts above described states a cause of action.</p> <p>2. Same — Sheriff’s Sale — Void Execution. An attempt to redeem real property from a sheriff’s sale made under an execution that is void for want of jurisdiction in the court to issue the same, .does not ratify the proceedings nor cure the defect in the jurisdiction.</p>