Legal Opinion

Morrissey v. Donohue

Supreme Court of Kansas

Decided July 15, 1884PublishedCited by 4 opinions

Fh'ror from Leavenworth District Court. May 5,1883, the plaintiff Morrissey moved the court to confirm, a sheriff’s sale of the north 49 feet of lot 1, in block 9, of Clark & Rees’s addition to the city of Leavenworth, and at the same time the defendant Donohue moved the court to set aside the sale on the ground that the property sold was a part of his homestead, and therefore exempt from execution.

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Fh'ror from Leavenworth District Court. May 5,1883, the plaintiff Morrissey moved the court to confirm, a sheriff’s sale of the north 49 feet of lot 1, in block 9, of Clark & Rees’s addition to the city of Leavenworth, and at the same time the defendant Donohue moved the court to set aside the sale on the ground that the property sold was a part of his homestead, and therefore exempt from execution. The court heard the motions together upon affidavits and oral evidence, and overruled plaintiff’s motion and sustained the defendant’s motion. These rulings the plaintiff brings here for review.…

1Opinion of the Court

The opinion of the court was delivered by

Valentine, J.:

The only question involved in this case is, whether the north 49 feet of lot 1, in block 9, of Clark & Rees’s addition to the city of Leavenworth, is, and has been since September 16, 1875, a part of the homestead of the defendant, James Donohue? The facts of the case appear to be substantially as follows: In 1875, and prior thereto, and for some time afterward, Donohue owned all of lots 1 and 2 in the block aforesaid, both lots being within one inclosure and constituting a single tract of land 90 feet wide by 140 feet long, each lot…

2Cases cited1 opinion

  1. Ashton v. IngleSupreme Court of Kansas · 1878

3Cited by4 opinions

  1. Linn v. ZieglerSupreme Court of Kansas · 1904
  2. Pitney v. EldridgeSupreme Court of Kansas · 1897
  3. Barten v. MartinSupreme Court of Kansas · 1931
  4. Randal v. ElderSupreme Court of Kansas · 1873

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