Kingsley v. Bagby
Court of Appeals of Kansas
Memorandum. — Error from Finney district court; A. J. Abbott, judge. Action in foreclosure by W. J. P. Kingsley against John A. Stevens, E. A. Bagby, and others. Judgment for the defendant E.. A. Bagby, awarding him first lien. The plaintiff brings the case to this court.
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Memorandum. — Error from Finney district court; A. J. Abbott, judge. Action in foreclosure by W. J. P. Kingsley against John A. Stevens, E. A. Bagby, and others. Judgment for the defendant E.. A. Bagby, awarding him first lien. The plaintiff brings the case to this court. The statement of the case, as made by Dennison, J., is as follows : W. J. P. Kingsley was the owner of a mortgage executed February 22, 1888, by John A. Stevens and wife, upon certain real estate in Finney county, Kansas. - E. A. Bagby obtained a judgment in the district court of Finney county, Kansas, against John A.…
1Opinion of the Court
The opinion of the court was delivered by
Dennison, J. :
In determining the priority of liens in this case, two questions are raised: First, was the lien of Bagby’s judgment prior to the lien of Kingsley’s mortgage? Second, if so, did Bagby lose his priority by failing to issue and levy an execution within one year from the rendition of his judgment? We must answer the first question in the affirmative, and the second in the negative.
“Judgments of courts of record of this state shall be liens on the real estate of the debtor within the county in which the judgment is rendered from the first day…
2Cases cited2 opinions
- State v. MontgomerySupreme Court of Kansas · 1871
- Sawyer v. BrysonSupreme Court of Kansas · 1872
3Cited by5 opinions
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