Haish v. Pollock

Citations

• 79 Kan. 624
• 101 P. 3
• 1909 Kan. LEXIS 253

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Judicial Sales—Purchaser’s Right of Possession—Delay in Procurement of Sheriff’s Deed. The application of the or- “ dinary rule that the purchaser of real estate at sheriff’s sale acquires no right of possession until a deed is executed is not prevented by a showing that there was an unexplained failure to make a timely record of the order of confirmation, that a motion for a nunc pro tunc entry was resisted by the occupant of the premises, and that in consequence there was a considerable delay in the procurement of a sheriff’s deed.</p> <p>2. Ejectment—Rents and Profits. The question as to the time to which the plaintiff in an ejectment action was entitled to recover rent was submitted upon an agreed statement which recited that the defendant occupied the premises in controversy—a city lot—up to a certain' date, when he moved out of the building thereon, retaining the keys, and that thereafter, while he did not rent the property, other persons with his knowledge and consent occupied it. Held, that no error was committed in denying the plaintiff’s claim to recover rent beyond the date specified.</p>