9 Kan. 390 | Kan. | 1872
The opinion of the court was delivered by
This was an action for the recovery of real property. Charles P.. Bullock was the original owner of the land in controversy, the common source of title of both the plaintiff and the defendants. The plaintiff claims title to the land under a quitclaim deed from Bullock to himself, dated February 5th 1870. The defendants claim title under a sheriff’s deed executed November 17th, 1865, in pursuance of a judgment, execution, etc., against Bullock. And the whole controversy in this case, so far as it is now presented, depends-mpon the validity of said sheriff’s deed.
The sheriff’s deed was introduced in evidence prior to any •evidence being introduced to prove the existence of any judgment, execution, or sale. This was not erroneous. The ¡statute of this state concerning sheriff’s deeds, and sheriff’s .sales, provides that “The deed shall be sufficient evidence of the legality of such sale, and the proceedings therein, until the contrary be proved, and shall vest in the purchaser as good and as perfect an estate in the premises therein mentioned as was vested in the party, at or after the time w'hen