Kirkpatrick v. Ault

The opinion of the court was delivered by

Harvey, C. J.:

This was an action in the nature of a declaratory judgment to have determined whether a personal judgment previously obtained by plaintiff against defendant, A. W. Ault, is a lien upon his alleged interest in certain real property now claimed to be owned entirely by his wife, Margaret Ann Ault. The trial court sustained a demurrer to plaintiff’s evidence and he has appealed.

The facts are not in dispute and may be stated as follows: On April 17, 1943, a general warranty deed dated February 8, 1943, was filed in the office of the register…