Porter v. Watson

Citations

• 69 Kan. 349
• 76 P. 841
• 1904 Kan. LEXIS 255

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Judicial Sale—Purchaser Not Estopped from Redeeming from Subsequent Sale. The fact that the owner of real estate acquired title (subject to a prior judgment lien) by a sheriff’s deed issued to him at a time when he was only entitled to a certificate of sale does not, after the statutory period within which redemption from such sale might have been made has passed without any effort to redeem, estop him from claiming the right to redeem from a subsequent sale made under such prior judgment.</p> <p>2. - When Error in Order of Confirmation may be Corrected. Where a court in confirming a judicial sale has erroneously ordered a deed to issue at once, without providing for any redemption, such error may be corrected at the same term of court upon motion of any one having a substantial interest in the matter and upon notice to the purchaser, notwithstanding that the sheriff’s deed has already been executed, delivered, and recorded, no rights of third parties having intervened.</p> <p>3. -Purchaser May Redeem from Subsequent Sale as Owner. One who has purchased real estate at execution sale subject to a prior judgment lien, and obtained a valid sheriff’s deed, may redeem as owner from a subsequent sale under such prior judgment.</p>