Zimmerman v. Rose

Citations

• 111 Kan. 22
• 206 P. 336
• 1922 Kan. LEXIS 163

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Foreclosure Sale — Confirmation — Legal Title Does Not Pass Until Sheriff’s Deed Is Executed. On the confirmation of a sale of real estate under an order of sale in a foreclosure action only the equitable title to the real estate passes to the purchaser on confirmation; the legal title will not pass until the sheriff’s deed is executed.</p> <p>2. Same — Sale—Confirmation—Publication Service — Right to Have Judgment Opened Up. The judgment, order of sale, and confirmation of sale in a foreclosure action provided that the purchaser would not be entitled to a deed until the expiration of nine months from the date of the sale. The judgment had been obtained on service by publication, and before the time was ripe for the sheriff’s deed the defendant had the judgment opened up under section 6974, General Statutes of 1915 (Civ. Code, §83), which provides that “the title to any property, the subject of the judgment or order sought to be opened, which by it, or in consequence of it, shall have passed to a purchaser in good faith, shall, after expiration of six months, not be affected by any proceedings under this section,” etc. Held, that within the meaning of this proviso the title had not passed until the execution of the sheriff’s deed.</p>