Morris v. Brown
Court of Appeals of Kansas
Error from Brown District Court. Hon. J. F." Thompson, Judge. The plaintiff in error brought this action to enjoin the defendant in error Brown, as Sheriff of Brown County, from selling a certain quarter of an acre of land in that county under an execution issued at the instance of the defendant in error, Baker, upon a judgment obtained in the District Court of Brown County by one Susan B. Hill against Elizabeth and John Morris and assigned to him.
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Error from Brown District Court. Hon. J. F." Thompson, Judge. The plaintiff in error brought this action to enjoin the defendant in error Brown, as Sheriff of Brown County, from selling a certain quarter of an acre of land in that county under an execution issued at the instance of the defendant in error, Baker, upon a judgment obtained in the District Court of Brown County by one Susan B. Hill against Elizabeth and John Morris and assigned to him. The case was tried by the court, and findings were made from which it appeared that the judgment was rendered in 1885 ; that Elizabeth and John…
1Opinion of the CourtMcElroy, J.
We are of the opinion that the Hill judgment was a lien upon the real estate in question from the time such real estate was abandoned as a homestead by the debtor. The judgment lien, therefore, was and is, superior to the title of the plaintiff, Lillie Morris. Babcock v. Jones, 15 Kan. 296.
It follows, that the trial court committed no error in its conclusions of law, and that it properly overruled the motion for a new trial; and its judgment will be affirmed.
2Cases cited1 opinion
- Babcock v. JonesSupreme Court of Kansas · 1875
3Cited by2 opinions
- McCray v. Miller &8212 Bland v. BlandSupreme Court of Oklahoma · 1919
- Sharpe v. GaddySupreme Court of Oklahoma · 1938