Security State Bank of Scott City v. Coberly

Parks, J.:

Plaintiff Security State Bank of Scott City brought this suit seeking a declaratory judgment that a particular tract of land owned by defendants Albert and Merlynn Coberly was not exempt from execution on the judgment lien held by plaintiff. The trial court held that defendants’ property did not qualify for a homestead exemption. Defendants appeal.

The statutory (K.S.A. 1980 Supp. 60-2301) and constitutional (Kan. Const, art. 15, § 9) definitions of the homestead exemption both require that the property be “occupied as a residence by the owner or by the family of the owner” at the…