First National Bank v. Warner
Supreme Court of Kansas
Error from, Riley District Court. July 28, 1875, Jesse Ingraham made his note, payable to the order of Josephus Warner¡ for $2,531.89, payable sixty days after date, which note Warner soon after indorsed to the plaintiff. The plaintiff recovered a judgment on this note against Ingraham and Warner, in the Eiley district court, March 6, 1876, for $2,229.80, to bear twelve per .cent, interest.
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Error from, Riley District Court. July 28, 1875, Jesse Ingraham made his note, payable to the order of Josephus Warner¡ for $2,531.89, payable sixty days after date, which note Warner soon after indorsed to the plaintiff. The plaintiff recovered a judgment on this note against Ingraham and Warner, in the Eiley district court, March 6, 1876, for $2,229.80, to bear twelve per .cent, interest. September 11, 1876, an execution was issued- on this judgment, and levied the same day on the premises described in the record, and September 12,1876, the execution was returned with the levy indorsed…
1Opinion of the Court
The opinion of the court was delivered by
Brewer, J.:
The pivotal question in this case is, whether the premises conveyed on Sept. 13, 1875, by Josephus Warner, were-exempt as his homestead. The facts are these: Josephus Warner settled upon the land in 1857, and with the exception of the years 1861 and 1862 lived there continuously until the execution of the deed. His family at first consisted of a wife and three children. In 1869 his wife died. He did not marry again. In October, 1873, the oldest son married, and moved to a home of his own. The other children, John and Anna, remained and were…
2Cases cited1 opinion
- Hixon v. GeorgeSupreme Court of Kansas · 1877
3Cited by3 opinions
- Rockwood v. Estate of St. JohnSupreme Court of Oklahoma · 1900
- Shattuck v. WeaverSupreme Court of Kansas · 1909
- Randal v. ElderSupreme Court of Kansas · 1873