Legal Opinion

Kennedy v. Powell

Supreme Court of Kansas

Decided July 15, 1885PublishedCited by 10 opinions

Error from Montgomery District Court. Action by Kennedy against Powell, to recover a judgment for $2,421.85. On behalf of plaintiff an order of attachment was issued and levied upon certain real estate, as the property of the defendant. Elizabeth Powell, the wife of defendant, filed a motion to discharge the attachment aforesaid on the ground that she was the owner in fee thereof, and that defendant William Powell had no interest therein at the time of the levy.

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Error from Montgomery District Court. Action by Kennedy against Powell, to recover a judgment for $2,421.85. On behalf of plaintiff an order of attachment was issued and levied upon certain real estate, as the property of the defendant. Elizabeth Powell, the wife of defendant, filed a motion to discharge the attachment aforesaid on the ground that she was the owner in fee thereof, and that defendant William Powell had no interest therein at the time of the levy. July 1, 1884, the judge of the district court at chambers heard this motion, sustained the same, and vacated the order of…

1Opinion of the Court

The opinion of the court was delivered by

Johnston, J.:

On December 8, 1883, "William Kennedy brought an action in the district court of Montgomery county, against William Powell, to recover a judgment for $2,421.85, and on the same day caused an order of attachment to be issued, upon the grounds that the defendant was a non-resident of the state of Kansas, and that he had assigned and conveyed his property with the intent to defraud, hinder and delay his creditors. The order of attachment was levied upon lots 2, 3 and 4 of section 31, township 33, range 17 east, in Montgomery county, Kansas,…

2Cases cited4 opinions

  1. Monroe v. May, Weil & Co.Supreme Court of Kansas · 1872
  2. Brookville National Bank v. KimbleIndiana Supreme Court · 1881
  3. Furrow v. ChapinSupreme Court of Kansas · 1874
  4. Bailey v. Kansas Manufacturing Co.Supreme Court of Kansas · 1884

3Cited by10 opinions

  1. Brecheisen v. ClarkSupreme Court of Kansas · 1918
  2. Potts v. RubesamSupreme Court of Oklahoma · 1915
  3. Blair v. Silver Peak MinesU.S. Circuit Court for the District of Nevada · 1898
  4. Houska v. LakeSupreme Court of Kansas · 1938
  5. Chapman v. SummerfieldSupreme Court of Kansas · 1887

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