McCrie v. Hixon Lumber Co.
Court of Appeals of Kansas
Error from Atchison District Court; W. D. Webb, judge. This was an action to foreclose certain liens obtained under the mechanics’ lien law. The plaintiff in error, and others who were defendants below, set up judgments against the property owners, and showed that the judgments were rendered before the contract for the house was made.
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Error from Atchison District Court; W. D. Webb, judge. This was an action to foreclose certain liens obtained under the mechanics’ lien law. The plaintiff in error, and others who were defendants below, set up judgments against the property owners, and showed that the judgments were rendered before the contract for the house was made. The mechanics and material-men sought to have their liens declared prior to the judgment liens by showing that the real estate was the homestead of the owners. Judgment was rendered giving the mechanics and material-men liens prior to the judgment creditors, and…
1Opinion of the Court
The opinion of the court was delivered by
Mahan, P. J. :
The principal question in this case, going to the merits, and presented by counsel in their briefs and arguments, is whether the property involved in the suit was exempt to the principal defendants — the Hudsons — as a homestead.
The defendants in error contend that the court ought got to consider the merits of the case because the record is insufficient; that the case made is indefinite, incomplete, and does not purport to be the record or copies of records of anything upon which this court can base a review. Counsel are mistaken in this.…
2Cases cited2 opinions
- Gilworth v. CodySupreme Court of Arkansas · 1879
- Ingels v. IngelsSupreme Court of Kansas · 1893
3Cited by4 opinions
- Basham v. Goodholm & Sparrow Inv. Co.Supreme Court of Oklahoma · 1915
- Baker v. Western Casualty & Surety Co.Supreme Court of Kansas · 1948
- Logan-Moore Lumber Co. v. BowersockSupreme Court of Kansas · 1917
- Eagle Feather v. McHenrySouth Dakota Supreme Court · 1922