Norton v. Reardon

Citations

• 67 Kan. 302
• 72 P. 861
• 1903 Kan. LEXIS 251

Syllabus

<p>SYLLABUS BY THE COUET.</p> <p>1. Judicial Sale — Special Execution. After a decree of foreclosure has been entered in an action to enforce a mortgage or other lien, the execution for the sale of the property charged is special, and must'conform to the order of the court.</p> <p>2. - Time for Return of Special Executions. Section 4915, General Statutes of 1901, providing that the sheriff shall return a writ of execution within sixty days from its date, has no application to executions in special cases mentioned in the fourth subdivision of section 4892 and in section 4994, General Statutes of 1901.</p> <p>3. - Sale after Return-day Cured by Confirmation. A decree was entered in a foreclosure «nit ordering real estate to be sold according to law to satisfy a mortgage lien. The sheriff sold the property under an execution issued by the clerk six days after the return-day of the writ. The sale was confirmed. Hold, that, it being within the power of the court to order the property sold under a special execution at the time it was sold, the confirmation of the sale rendered it valid, being an approval of that which, as to time of performance, the court had power to order in the first instance, within the principle announced in the second paragraph of the syllabus in Thompson v. Burge, 60 Kan. 549, 57 Pac. 110, 72 Am. St. Rep. 369.</p>