Ticonic National Bank v. Turner

Writ of entry to recover land in St. Albans. Both parties claim under Napoleon B. Turner, deceased, the defendant as devisee under his will, and the plaintiff by virtue of a sale on execution against his estate. After Turner’s decease the plaintiff brought suit against his executor upon a demand due from Turner in his lifetime, and obtained judgment for $2251.20 damages, and $15.26 costs of suit. The execution issued for both debt and costs, and was satisfied by a sale of the land under K. S., c. 76, § 42.

The defendant attacks the judgment on two grounds; first, that it is a personal judgment…