Kelley v. Kelley

HIGGINS, Justice.

This is a proceeding in which the claimant of an imperfect usufruct on paid-up homestead stock and United States Liberty bonds, as garnishee, seeks to have a garnishment under a writ of attachment set aside on the ground that the judgment debtor has only an undivided one-eighth interest in the naked ownership of the stocks and bonds attached, and is not entitled to interfere with the rights of the usufructuary.

The defendant in the rule filed a plea of res judicata, which was overruled, and, reserving the benefit thereof, denied that the plaintiff had an imperfect usufruct on…