First National Bank v. Dempsey

The opinion of the court was delivered by

Dawson, J.:

This was an action on a promissory note wherein plaintiff garnisheed, some money due defendant from a third party. After a hearing the trial court discharged the garnishee on the ground that the money was part of the proceeds of the sale of defendant’s farm homestead which he intended to reinvest in another homestead. The correctness of that ruling is the subject of this appeal.

The facts were these: John Dempsey owned a quarter section farm in Pottawatomie county and resided there most of his life. In February, 1931, he traded the farm to C.…