Greenwell v. Moffett

Citations

• 77 Kan. 41
• 93 P. 609
• 1908 Kan. LEXIS 221

Syllabus

<p>.SYLLABUS BY THE COURT.</p> <p>1. Judicial Sales — Foreclosure of a Mortgage — Refusal to Sell in Parcels. Where a compact body of land sold at public sale, consisting partly of a tract platted into town lots and used together with the other land as one farm, can be sold in a body to better advantage than in parcels, it is not error to refuse to set aside the sale because a demand to sell in parcels had been refused.</p> <p>2. -Motion to Set Aside — Res Judicata. Where an issue is presented in the pleadings and tried in a suit of foreclosure it cannot be again tried at the instance of the losing party upon a motion to set aside the sheriff’s sale in the same suit.</p>