Myers v. Kothman
Supreme Court of Kansas
On May 29, 1874, in the district court of Leavenworth county, Kothman recovered a judgment against J. J. Myers for $10,751.95, and an order that certain attached property be sold to pay the judgment, interest, and costs of suit. October 1, 1874, Kothman caused a special execution and'an order of sale to be issued to enforce this judgment. The land was duly appraised, advertised, and offered for sale, but not sold, for want of bidders.
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On May 29, 1874, in the district court of Leavenworth county, Kothman recovered a judgment against J. J. Myers for $10,751.95, and an order that certain attached property be sold to pay the judgment, interest, and costs of suit. October 1, 1874, Kothman caused a special execution and'an order of sale to be issued to enforce this judgment. The land was duly appraised, advertised, and offered for sale, but not sold, for want of bidders. The said Myers died intestate, on the 10th of December, 1874. No other execution or other process to enforce the said judgment was issued, except that on…
1Opinion of the Court
Per Ouriam:
This case involves the question as to whether a judgment against a deceased person can be revived against his widow and heirs, without their consent, unless the same, is done within one year after the order of revivor could, have been first made. This question must be answered in the negative. (Civil Code, §§433, 439; Scroggs v. Tutt, 23 Kas. 182; Angell v. Martin, 24 Kas. 334; Kothman v. Skaggs, just decided.)
The judgment of the court below will be reversed.
2Cases cited1 opinion
- Angell v. MartinSupreme Court of Kansas · 1880
3Cited by3 opinions
- Tefft v. Citizens' BankSupreme Court of Kansas · 1887
- Loveland v. HemphillSupreme Court of Kansas · 1927
- Thompson v. BennettSupreme Court of Kansas · 1966