Owens v. Wagers

The opinion of the court was delivered by

Burch, J.:

The proceeding in the district court was one to enjoin the sale of attached land. Injunction was granted, and plaintiff in the attachment action appeals.

Owens, who lives in Missouri, sued Park Wagers on a promissory note while Wagers was residing temporarily in Missouri, and attached Wagers’ homestead. Service was made by publication, and judgment was rendered for appropriation of the land, to -payment of the sum due on the note. After the land was advertised for sale, Wagers moved the court to enjoin the sale because the land was his…