Polley v. Johnson
Supreme Court of Kansas
Error from Lincoln District Court. ActiON by Johnson and others against Polley for an injunction. Judgment for plaintiffs, at the February term, 1890. The defendant brings the case here. The opinion states the facts. “A debtor cannot commit a fraud upon his creditor by disposing of property toward which the eye of the creditor need never turn.
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Error from Lincoln District Court. ActiON by Johnson and others against Polley for an injunction. Judgment for plaintiffs, at the February term, 1890. The defendant brings the case here. The opinion states the facts. “A debtor cannot commit a fraud upon his creditor by disposing of property toward which the eye of the creditor need never turn. A debtor, in disposing of his property, can commit a fraud upon his creditor only by disposing of such of his property as the creditor has a legal right to look too for bis pay;” therefore, the property in question being the homestead of Meer, and…
1Opinion of the Court
The opinion of the court was delivered by
AixeN, J.:
Defendants in error, as plaintiffs below, brought their action against plaintiff in error to enjoin him from harvesting and carrying away about 90 acres of wheat, grown on a quarter section of land in Lincoln county. The wheat was sown in the fall of 1888, by H. H. Meer, who then owned and occupied the land as his homestead. On the 4th day of October, he executed a deed for the land to Edward H. Thews. His wife was in the insane asylum at the time, and he signed the deed also as her guardian. On the 22d day of October, an attachment issued in…
2Cases cited12 opinions
- Lindley v. KelleyIndiana Supreme Court · 1873
- Harrison v. AndrewsSupreme Court of Kansas · 1877
- Downard v. GroffSupreme Court of Iowa · 1875
- Beckman v. SikesSupreme Court of Kansas · 1886
- Garanflo v. CooleySupreme Court of Kansas · 1885
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3Cited by15 opinions
- C. C. Isely Lumber Co. v. KitchSupreme Court of Kansas · 1927
- Poole v. FrenchSupreme Court of Kansas · 1905
- Simanek v. NemetzWisconsin Supreme Court · 1903
- Mabry v. HarpSupreme Court of Kansas · 1894
- Soeken v. HartwigSupreme Court of Kansas · 1927
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