"FINDINGS
OF FACT.
"1.
On the 10th of September, 1860, the United States of America
issued to T. H. Walker a patent for the land in controversy
in this action, and such land, by virtue of said patent
became the land of one T. H. Walker, and remained his land,
subject and liable to the payment of his debts, until the
same was sold by the sheriff of Lyon county, Kansas, as
hereinafter set forth.
"2.
The plaintiff, A. S. Kimball, in an action therein at that
time pending, did, on the 16th of November, 1872, at a
regular session thereof, recover by the consideration of the
district court of Davis county, state of Kansas, a personal
judgment against the said T. H. Walker, to whom said patent
was issued, for the sum of $ 8,610 damages and the costs of
said action. Said judgment is unreversed, and of full force
and effect at the several times hereinafter stated.
"3.
On the 9th of July, 1873, a duly-certified transcript of the
judgment mentioned in the 2d finding was filed in the office
of the clerk of the district court of Lyon county, state of
Kansas, and thereupon said clerk entered said judgment on the
appearance and judgment dockets of his court.
"4.
On the 26th of July, 1873, executions were issued on the
above judgment by the clerk of the district court of Davis
county, Kansas, directed to the sheriffs of Davis, Lyon and
Shawnee counties; all of which executions were duly returned
by said sheriffs to said clerk, 'No goods or chattels,
lands or tenements upon which to make levy.'
"5.
On the 8th of November, 1873, an alias execution was issued
on said judgment by the clerk of said district court of Davis
county, directed to the sheriff of Lyon county, and on the
15th of November, 1873, said sheriff of Lyon county levied
said execution upon the lands in controversy, to wit, the
west half of the northeast quarter and the east half of the
northwest quarter of section five, township nineteen, range
eleven east, situate in Lyon county, together with other
lands in said county, and caused the same to be duly
appraised; and thereafter, on the 8th day of January, 1874,
said sheriff returned said execution to the clerk of Davis
county district court with the following statement: 'And
thereupon the plaintiff's attorneys McClure and Humphrey
authorized me to stop further proceedings until further
notice from them; and having held this execution for further
proceedings until return day without further notice, I hereby
return this writ.'
"6.
On the 7th day of September, 1874, a pluries execution was
issued on said judgment by the clerk of the district court of
Davis county, directed to the sheriff of said Lyon county,
and on said 7th day of September, 1874, the said sheriff
levied the execution upon the lands in controversy above
described and on other lands in Lyon county, and afterward,
on the 16th of September, 1874, caused the said lands to be
duly appraised; and on the 2d of November, 1874, said sheriff
returned said execution to the clerk of the district court of
Davis county, with the following statement in his said
return: 'Not having sold any of said lands, I return this
execution to said Davis county district court, after having
caused this my return thereof to be entered in the aforesaid
execution docket.'
"7.
On the 23d day of February, 1875, the plaintiff, A. S.
Kimball, commenced an action in the district court of Lyon
county, Kansas, against the said T. H. Walker, Edward
Carroll, John Bay, as sheriff, and a number of other
defendants. The following is a true and correct copy of the
petition filed in said cause:
"THE
STATE OF KANSAS, COUNTY OF LYON, ss.--In the District Court
for said County.-- A. S. Kimball, Plaintiff, v. Stephen L.
Davidson, Thaddeus H. Walker, and Edward Carroll, [omitting
the names of twenty-four others,] Defendants.
"The
plaintiff says:
"1.
That defendants, the State Bank, of Lawrence, Kansas, the
Kansas Valley National Bank, of Leavenworth, Kansas, the
Capital Bank, of Topeka, Kansas, and the German Savings Bank,
of Leavenworth, are each corporations duly organized under
the laws of the United States as to national banks, and the
other banks under the laws of the state of Kansas.
"2.
That on or about the 16th day of November, 1872, plaintiff
duly recovered a judgment in the district court sitting in
and for the county of Davis, state of Kansas, by the
consideration of said court in an action then pending therein
against defendant Thaddeus H. Walker, for the sum of eight
thousand six hundred and seventeen and 70/100 dollars,
wherein A. S. Kimball was plaintiff and Thaddeus H. Walker
was defendant, which sum was adjudged to bear interest at the
rate of twelve per cent. per annum from the date of said
judgment.
"3.
That on the 9th day of July, 1873, plaintiff caused an
attested and duly-certified copy of the journal entry of said
judgment, together with a statement of the costs taxed
against defendant Thaddeus H. Walker, in the cause, to be
filed in the office of the clerk of the district court in and
for Lyon county, state of Kansas; and the clerk of the
last-mentioned district court thereupon immediately entered
said judgment on the appearance and judgment dockets in the
same manner as if rendered in Lyon county district court.
"4.
That on the 8th day of November, 1873, plaintiff caused to be
levied of the property of defendant Thaddeus H. Walker, upon
an execution lately before issued out of the district court
of Davis county, directed to the sheriff of Lyon county, on
said judgment, and by said sheriff levied in default of
personal property upon the real estate hereinafter described;
and that afterward the said real estate, and each and every
parcel thereof, was duly appraised under said execution and
levy by the said sheriff, by three disinterested householders
of Lyon county, after taking the oath required by law, upon
actual view; and a copy of the appraisement was returned to
the sheriff, and was by him immediately and duly deposited
with the clerk of the district court of Davis county.
"5.
That on the 7th day of September, 1874, at the hour of eleven
and one-half o'clock in the forenoon of that day,
plaintiff caused another levy to be made by the sheriff of
Lyon county upon the real estate of defendant Thaddeus H.
Walker, in default of personal property, upon an alias
execution lately before issued out of the district court of
Davis county, on said judgment, directed to the sheriff of
Lyon county, and that the said lands and each and every
parcel thereof so levied upon and hereinafter described was
duly appraised upon said alias execution by the sheriff of
Lyon county, by three disinterested householders of said
county, after taking the oath required by law, upon actual
view; and a copy of the appraisement returned by said
householders to the sheriff, was by him immediately and duly
deposited with the clerk of the district court of Davis
county.
"6.
That by reason of the foregoing facts, plaintiff has a
judgment and execution lien prior and superior to all other
liens upon all of the following-described real estate,
situate in the county of Lyon and state of Kansas, to wit:
[Here follows a description of land.]
"7.
That defendant, John Bay, sheriff of Lyon county, Kansas, is
now proceeding to sell each and every parcel of said real
estate, by virtue of an execution issued out of the district
court of Leavenworth county, state of Kansas, against the
property of defendant Thaddeus H. Walker, on a judgment in
said court in favor of Edward Carroll and against Thaddeus H.
Walker and Thomas Carney.
"8.
That Edward Carroll, and each and every one of the other
defendants, except Thaddeus H. Walker and John Bay, sheriff
of Lyon county, claims to have some lien upon all of said
real estate, but of what nature plaintiff is unable to state,
but that said liens, if any, are all inferior, subsequent and
subordinate to the lien of plaintiff.
"Wherefore,
plaintiff prays that defendants, and each of them, may be
decreed to set forth their liens, if any, upon said real
estate, and that the priorities of liens may be determined,
and that defendant John Bay, sheriff of Lyon county, be
directed to sell said real estate, if the same shall not have
been sold; and if sold, that he hold the proceeds of such
sale, to be paid into court, subject to the further order of
the court, and that the proceeds of such sale may be
distributed in accordance with the priorities of liens, and
that defendants, and each of them, in case they or any of
them fail to set forth their or any of their said liens, be
forever barred from asserting said liens against said real
estate, or any part thereof, and for such other and further
relief in the premises as to the court may seem meet in the
premises, and for costs of suit.
"8
1/2. All of the parties who were made defendants in said
action, as shown by the petition set forth in the 7th
finding, were duly served with a summons issued, or entered
their appearance in the action, waiving the...
