Tarrant v. Swain
Supreme Court of Kansas
Error from Cowley District Court. Tarrant owned the undivided one-half of certain real property, which he occupied with his family, and which he claimed as his homestead. Swain owned a judgment against Tarrant, and caused Tart'ant’s interest in said land to be sold by the sheriff under an execution issued on such judgment. Tarrant moved to set aside said sheriff sale, on the ground that his homestead interest was exempt.
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Error from Cowley District Court. Tarrant owned the undivided one-half of certain real property, which he occupied with his family, and which he claimed as his homestead. Swain owned a judgment against Tarrant, and caused Tart'ant’s interest in said land to be sold by the sheriff under an execution issued on such judgment. Tarrant moved to set aside said sheriff sale, on the ground that his homestead interest was exempt. The district court, at the March Term, 1874, refused to set said sale aside, but made an order confirming said sale. From this decision and order Tarrant appeals, and brings…
1Opinion of the Court
The opinion of the court was delivered by
Valentine, J.:
This petition in error is prosecuted in this court for the purpose of reversing an order of the district court of Cowley county, overruling a motion of the plaintiff in error to set-aside a sheriff sale. On the 27th of October 1873 said district court rendered two judgments in an action in which Swain was plaintiff and Tarrant was defendant. *148The first judgment was, that Tarrant should pay to Swain, on or before December 31st 1873, $452.63, and that Swain should then convey to Tarrant the undivided-half of Lot 11 in Block 129 in the city…
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