Gille v. Enright

Citations

• 73 Kan. 245
• 84 P. 992
• 1906 Kan. LEXIS 236

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Mortgages — Foreclosure—Effect on Junior Lien. Real estate ’which has been once sold on an order of sale issued pursuant to a judgment of foreclosure, in a suit upon a note and a mortgage securing the same, cannot again be sold upon a judgment lien inferior thereto, under which the holder of the judgment had a right to redeem within fifteen months after the foreclosure sale.</p> <p>2. Judicial Sales — Title of Purchaser at Second Sale, under an Inferior Lien. Where, under the conditions set forth in the foregoing paragraph, an inferior judgment creditor causes execution to be issued and levied on the real estate so previously sold, and procures a sheriff’s deed to be issued to himself thereon, he acquires no title thereto and has no standing to complain of any judgment which may be rendered in a suit brought by one in possession, after his right of redemption has expired, to quiet the title to the real estate.</p>