Macy v. Cooper

Citations

• 101 Kan. 650
• 168 P. 874
• 1917 Kan. LEXIS 169

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Sheriff’s Sale — Decree of Confirmation — Validity of Proceedings» A decree confirming a sheriff’s sale under an order of court in a partition suit determines the validity of all the proceedings leading up to the sale and involved in it.</p> <p>2. Partition — Judgment—Order of Sale — Sheriff’s Sale — Confirmation. A journal entry of judgment reciting all the proceedings in a partition suit and containing an order for the sheriff to sell the property,, which journal entry is written on a stationer’s blank form of document having a caption, “Order of sale when partition, can not be-made,” signed by the judge and signed and attested by the clerk, will answer the purpose of an order of sale when the document is delivered to the sheriff and pursuant thereto the sheriff has sold the property and made his return thefeon, and when the proceedings are judicially approved and the sale confirmed.</p>