Ashton v. Ingle
Supreme Court of Kansas
Error from Leavenworth District Court. The district court, at March Term 1878, decided against the homestead claim of Ashton, and gave judgment in favor of Mrs. Ingle, judgment-creditor, and Lowe, sheriff, dissolving a preliminary injunction granted in favor of Ashton by the probate judge, dismissed Ashton’s action, and adjudged that defendants Ingle and Lowe go hence without day, and recover of Ashton, plaintiff, their costs.
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Error from Leavenworth District Court. The district court, at March Term 1878, decided against the homestead claim of Ashton, and gave judgment in favor of Mrs. Ingle, judgment-creditor, and Lowe, sheriff, dissolving a preliminary injunction granted in favor of Ashton by the probate judge, dismissed Ashton’s action, and adjudged that defendants Ingle and Lowe go hence without day, and recover of Ashton, plaintiff, their costs. Ashton appeals, aud -brings the case here on error. The plaintiff claims that the homestead exemption provided in §9, art. 15 of the constitution, and by §1 of ch. 38…
1Opinion of the Court
The opinion of the court was delivered by
Valentine, J.:
*675statement of the case. *674Ruth A. Ingle recovered a judgment in the district court of Leavenworth county against John Ashton *675and Joseph Ashton for the sum of $776.96. An execution was issued on this judgment, and placed in the hands of Percival G. Lowe, sheriff of said county. Lowe by virtue thereof levied upon certain real estate situated in said county, as the property of said John Ashton, and advertised the same for sale. Ashton then commenced this action against said Ingle and Lowe to restrain them from selling said property, and to set…
2Cases cited15 opinions
- Gregg v. BostwickCalifornia Supreme Court · 1867
- Herman Iken & Co. v. OlenickTexas Supreme Court · 1874
- Bullene v. HiattSupreme Court of Kansas · 1873
- Rhodes, Pegram & Co. v. McCormickSupreme Court of Iowa · 1857
- Ballston Spa Bank v. Marine BankWisconsin Supreme Court · 1862
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3Cited by35 opinions
- McCray v. Miller &8212 Bland v. BlandSupreme Court of Oklahoma · 1919
- Postlethwaite v. EdsonSupreme Court of Kansas · 1917
- Anderson v. ShannonSupreme Court of Kansas · 1937
- Sechrist v. Municipal CourtCalifornia Court of Appeal · 1976
- Gage v. NeblettTexas Supreme Court · 1882
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