3 Kan. 215
Decided February 15, 1865
Supreme Court of Kansas · decided 1865-02-15
Error from Wyandotte County. The execution under which the sheriff levied upon, appraised and advertised the lands for sale, showed upon its face that the return day thereof was the 19th day of June, and the sale was advertised for the 20th of June, and the execution was on the 19th of June returned, endorsed that the lands were not sold for want, of time, and an alias issued upon the 20th, and on that day the land sold.
Decided 1865-02-15
¶1By the Court,
¶2This was a proceeding to reverse an order of the District Court of Wyandotte county, confirming a sale of certain property claimed by the plaintiff in error, as a homestead.
¶3The questions presented were adjudicated by this court at the January term 1865, in the cases of Cusic v. Douglas et al., and Benz v. Rawlston, administrator of McCracken et al.
¶4The order confirming the sale as to the property claimed as a homestead, will be reversed, and the sale thereof set aside.