Kemmerle v. Wilson

Citations

• 110 Kan. 247
• 203 P. 297
• 1922 Kan. LEXIS 22

Syllabus

<p>SYLLABUS BY THE COURT..</p> <p>Replevin — Wheat Crop Wrongfully Levied Upon by Sheriff — Plaintiff Not Estopped From Asserting Ownership by Her Conduct at Sheriff’s Sale. A crop of wheat owned by the plaintiff was levied upon and offered for sale as the property of an execution debtor. She gave notice to the sheriff and those attending the sale'that the-property belonged to her and that she would resist the taking of the property by the sheriff or any purchaser. The sale proceeded and finding that her notices and warnings were ineffectual, she undertook to save her property by making a bid for it and the sheriff struck off the property to her. She declined to complete the bid by payment on the ground that the property was her own, and not that of the execution debtor. As the sheriff was proceeding to advertise and resell the property to pay the judgment against another, her action of replevin was brought. Held, that the attempt to sell plaintiff's property to satisfy a judgment against another was a nullity;‘that the bid made did not change the ownership of the property; and that she was not estopped td assert ownership of the property in the action of replevin.</p>