Bullene v. Hiatt
Supreme Court of Kansas
JEh'ror from Wyandotte District Court. , The question in this case was, whether a homestead right acquired at a particular time defeated the lien acquired under an order of an attachment which was levied several months prior to the occupation of the land by the homestead claimant. The district court, at the June Term 1872, held that the homestead right was paramount, and set aside a sale made under a judgment based upon a prior attachment-lien.
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JEh'ror from Wyandotte District Court. , The question in this case was, whether a homestead right acquired at a particular time defeated the lien acquired under an order of an attachment which was levied several months prior to the occupation of the land by the homestead claimant. The district court, at the June Term 1872, held that the homestead right was paramount, and set aside a sale made under a judgment based upon a prior attachment-lien. Bullene & Co., attaching creditors, bring the case here. The facts are fully stated in the opinion. 1. At the time the premises in question were taken…
1Opinion of the Court
The opinion of the court was delivered by
Valentine, J.:
On January 6th 1871, and subsequently thereto, D. B. Hiatt was the entire equitable owner of a certain piece of land situated in Wyandotte county, and John W. McDanield held the mere naked legal title thereto. On February 8th 1871 the plaintiffs in error commenced their action against the defendant in error on an account for merchandise sold and delivered, and an order of attachment was issued therein. On the 9th of said February said order of attachment was levied on said land as the-property of the defendant. On the 20th of April…
Also in this document: Concurrence.
2Cases cited1 opinion
- Chick v. WillettsSupreme Court of Kansas · 1864
3Cited by28 opinions
- Ashton v. IngleSupreme Court of Kansas · 1878
- Gage v. NeblettTexas Supreme Court · 1882
- Hookway v. ThompsonWashington Supreme Court · 1909
- Baird v. TriceTexas Supreme Court · 1879
- Hines v. DuncanSupreme Court of Alabama · 1885
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