Leonard v. Ross
Supreme Court of Kansas
Error from, Harvey District Court. Injunction brought by Ross against Leonard, sheriff of Harvey county, to enjoin the sale of certain land claimed by plaintiff as his homestead. The nature of the action and the facts appear in the opinion. Trial at the March Term, 1878, of the district court, and judgment for the plaintiff. The defendant brings the case to this court.
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Error from, Harvey District Court. Injunction brought by Ross against Leonard, sheriff of Harvey county, to enjoin the sale of certain land claimed by plaintiff as his homestead. The nature of the action and the facts appear in the opinion. Trial at the March Term, 1878, of the district court, and judgment for the plaintiff. The defendant brings the case to this court. Is an official bond a “debt” within the meaning of the homestead act? Blackstone (Book 3, p. 154) defines “debt” as follows: “The legal acceptation of debt is a sum of money*due by certain and express agreement, as by a bond…
1Opinion of the Court
The opinion of the court was delivered by
Valentine, J.:
The main question involved in this case is, whether a, certain piece of land, owned by A. D. Ross, was exempt from a certain execution held by S. D. Leonard, sheriff of Harvey county, Kansas. Ross, who was plaintiff below, claims that it is so exempt under section 4 of the act of congress which enables actual settlers to secure homesteads on the public domain. (12 U. S. Stat. at Large, p. 393; U. S. Rev. Stat., p. 423, § 2296.) Said section reads as follows:
“ No lands acquired under the provisions of this act shall in any event become…
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