Legal Opinion

Rush v. Gordon

Supreme Court of Kansas

Decided January 15, 1888PublishedCited by 5 opinions

Error from Leavenworth District Court. On or about February 1, 1882, H. D. Rush recovered a judgment in the district court of Leavenworth county against William Gordon upon an account for flour, for the sum of $2,338.56, and costs of suit.

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Error from Leavenworth District Court. On or about February 1, 1882, H. D. Rush recovered a judgment in the district court of Leavenworth county against William Gordon upon an account for flour, for the sum of $2,338.56, and costs of suit. About May 8, 1883, an execution was issued on such judgment, and at the instance of Rush was levied by John W. Prest, the sheriff of Leavenworth county, upon lots 6 and 7, in block 24, in Leavenworth city; said lots being the property of the said William Gordon. The sheriff then advertised that he would sell said lots on June 18, 1883. On June 13, 1883,…

1Opinion of the Court

The opinion of the court was delivered by

Valentine, J.:

The only question involved in this case is, whether certain real estate, less than one acre, and lying, within the incorporated city of Leavenworth, is the homestead of William Gordon and his family, so as to render it exempt from sale under a certain judgment in favor of H. L>. Rush and against Gordon. At the time when this judgment was rendered, and ever since, the property has been occupied by Gordon and his family. The upper stories of the main building situated on the property have all the time been occupied by Gordon and his wife…

2Cases cited1 opinion

  1. Hogan v. MannersSupreme Court of Kansas · 1880

3Cited by5 opinions

  1. State Ex Rel. Apt v. MitchellSupreme Court of Kansas · 1965
  2. Anderson v. ShannonSupreme Court of Kansas · 1937
  3. Heathman v. HolmesCalifornia Supreme Court · 1892
  4. Bebb v. CroweSupreme Court of Kansas · 1888
  5. In re StoneDistrict Court, E.D. Arkansas · 1902

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