Knox v. Doty

Citations

• 81 Kan. 138
• 105 P. 437
• 1909 Kan. LEXIS 316

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Judicial Sales — Attachment—Time of Confirmation and Issuance of Sheriff’s Deed. Where real estate has been attached in an action for money, and after judgment has been entered for the plaintiff the land is sold upon an order of sale to the plaintiff and due return thereof has been made by the sheriff, such sale may upon application of the plaintiff be confirmed and a sheriff’s deed issued to the purchaser at^any time thereafter, even after the lapse of twelve years, where no objection by the defendant in the action is or has been made to the sale or confirmation.</p> <p>2. - Sheriff’s Deed — Conveyance of Defendant’s Title. Where, under the circumstances above stated, a sheriff’s deed has been executed and delivered to the purchaser, it conveys all the title possessed by the defendant when the order of sale was issued.</p> <p>3. - Purchase of Quitclaim Deed from Defendant, before Confirmation — Notice. Where in such a case a third party, after the sale and before the confirmation, takes a quitclaim deed to the land from the defendant in the action, he will be charged with notice of the record in such action and will acquire no interest in the land by such deed.</p>