Loomis v. National Supply Co.

Citations

• 99 Kan. 279
• 161 P. 627
• 1916 Kan. LEXIS 521

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Judicial Sale — Attempt to Redeem — Mistake in Computing Interest— Redemption Completed after Statutory Period. Where land has been sold at judicial sale, and an attempt in good faith is made to redeem within proper time by payment of the required amount to the 'clerk, who accepts a less sum than that due, by reason of computing interest at six per cent instead of at the contract rate of seven per cent (he and the redemptioner through a mistake as to the law supposing that to be sufficient), the court has the power, in furtherance of justice, to permit the redemption to be completed after' the expiration of the statutory period, by the payment of such additional sum as will bring the total up to the amount of the purchase price with interest at seven per cent, computed to the date of the final payment.</p> <p>2. Same — Sheriff’s Deed■ — Redemption —Notice to Subsequent Purchasers. Where within the period allowed by the statute for redemption an attempt to redeem is made and by reason of an error in computation or in the rate of interest the clerk accepts a less sum than the amount due, and the sheriff executes a deed notwithstanding such payment, a buyer from the grantee in such deed is charged by the clerk’s entry of such payment with notice of the redemptioner’s rights.</p>