Union Central Life Insurance v. Carra

Citations

• 101 Kan. 352
• 166 P. 233
• 1917 Kan. LEXIS 92

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Mortgage Foreclosure — ■Separate Tracts of Land in Each of ,Two Counties■ — How Lands Must Be Sold. A sale under mortgage foreclosure of two separate tracts of land in each of two counties was made and confirmed. That part of such sale proceedings relating to the lands in the county other’than where the action was brought was void and could be set aside at any time.</p> <p>2. Same — Void Sale — Confirmation—Rulings on Motions to Set Aside Confirmation. It was not error to refuse to set aside such judgment, order, sale and confirmation, on the defendant’s motion filed some sixteen months after such confirmation, and several weeks after the plaintiff had moved to set aside the proceedings as to the land in the other county and issue an order of sale to the sheriff thereof-; nor was-it error to deny the defendant’s motion to set aside such last mentioned order of sale.</p> <p>3. Same — Costs—Adjusted by Motion to Retax. Needless'costs made by irregularities in such proceedings can be adjusted on a motion to re-tax.</p> <p>4. Same — No Appraisement Required. In a mortgage foreclosure sale an appraisement is not required.</p> <p>5. Same — When Unnecessary to Post Notices of Sale. It is not necessary in such sale to post notices thereof in a county where a newspaper is regularly published.</p>