59 Kan. 541 | Kan. | 1898
The plaintiffs in error seek the reversal of an order of the District Court of Ottawa County confirming a sale of real estate, based on a judgment in favor of Sarah J. Buchanan against H. B. Cronkhite and others, made during the lifetime of the plaintiff, and under which certain mortgaged lands were bid in by her. The sale was made on the twentieth of February, 1893. The plaintiff died on the second day of December of the same year. On the twenty-fourth of August, 1896, motions to set aside the sale were filed by Cronkhite and wife and the Citizens’ National Bank of Kansas City, Missouri. On the same day motions to confirm the sale were filed by Leah V. Buchanan, as administratrix with the will annexed of the estate of Sarah J. Buchanan, and by Rees and Tomlinson,
There is no merit in the contention that the court erred in confirming the sale because the parties moving for the confirmation were not the proper parties to do so. Ferguson v. Tutt, 8 Kan. 370; Galbreath v. Drought, 29 id. 711.
It is said that the judgment in favor of Sarah J. Buchanan was never revived by the administratrix of
It is finally urged that, at the time of the confirmation, Sarah J. Buchanan, who was both plaintiff in the action and purchaser at the sale, was dead; that the order of confirmation directs the sheriff to make to the purchaser a deed to the land sold; that the purchaser, being dead, cannot receive or accept a deed, and without such acceptance the deed, if executed, would be without legal force.
The order of copfirmation follows the language of the statute, and directs the sheriff to make the deed to the purchaser. No provision is made by statute for a case like the one under consideration, where the interest of the purchaser is transferred by operation of law. If it should be held that the deed must be made to the party deriving title to the property under it according to the state of facts existing at the date of confirmation or of the execution of the deed, it would be necessary in many cases to bring new parties into court, and to frame issues between heirs, devisees, legatees, creditors, assignees and others, and to determine complicated questions of fact and of law. The rule is well settled that the rights of. parties are
Other matters are discussed in the brief but do not appear of sufficient merit to require mention here.
We find no' error in the proceedings of the court and the order of confirmation is affirmed.