Legal Opinion

Babcock v. Jones

Supreme Court of Kansas

Decided July 15, 1875PublishedCited by 6 opinions

Error from Cowley District Cowrt. On the 14th of February 1872, and for six months next preceding, and until the 20th of April next following, one B. K. Davidson claimed eighty acres of land situate in Cowley county, and being a portion of the Osage Reserve Lands, having' possession thereof as a preempted’ under § 12 of the act of congress of July 15th 1870. On said 14th of February an abstract of a judgment from the docket of a justice of the peace, in favor of one Richard…

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Error from Cowley District Cowrt. On the 14th of February 1872, and for six months next preceding, and until the 20th of April next following, one B. K. Davidson claimed eighty acres of land situate in Cowley county, and being a portion of the Osage Reserve Lands, having' possession thereof as a preempted’ under § 12 of the act of congress of July 15th 1870. On said 14th of February an abstract of a judgment from the docket of a justice of the peace, in favor of one Richard Cook, and against said Davidson, was filed in the office of the clerk of Cowley district court, and said judgment was…

1Opinion of the Court

The opinion of the court was delivered by

Brewer, J.:

The only question in this case is, as stated by counsel in their briefs, and as appears from the record, whether a judgment in this state is a lien on after-acquired lands of the judgment-debtor in the county, or binds only those belonging to him at the time the judgment takes effect, that is, either the first day of the term, or the day at which it is entered. The language of the statute is:

“Judgments * * * shall be liens on the real estate of-*301the debtor within the county in which the judgment.is rendered from the first day of the term at…

2Cases cited8 opinions

  1. Stow v. TifftNew York Supreme Court · 1818
  2. Steele v. TaylorSupreme Court of Minnesota · 1856
  3. Michaels v. BoydIndiana Supreme Court · 1848
  4. Moody v. Doe ex dem. HarperMississippi Supreme Court · 1853
  5. Banning v. EdesSupreme Court of Minnesota · 1861

3 more not listed; retrieve them via the Exa API.

3Cited by6 opinions

  1. Harrison v. AndrewsSupreme Court of Kansas · 1877
  2. Larkin v. WilsonSupreme Court of Kansas · 1882
  3. Plumb v. BaySupreme Court of Kansas · 1877
  4. Morris v. BrownCourt of Appeals of Kansas · 1897
  5. United States v. TaftDistrict Court, D. South Carolina · 1942

1 more not listed; retrieve them via the Exa API.

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