Keeler v. Lauer
Supreme Court of Kansas
Error from Shawnee district court; Z. T. Hazen, judge. STATEMENT. Several creditors of Benjamin Heilbrun caused levies of executions to be made upon real estate in which it was claimed Heilbrun had an interest, acquired by inheritance from his wife. These suits were brought to enjoin the sale of the land upon the executions, claiming that the property had passed by will of Carrie Heilbrun, in whom the title had rested, to her children.
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Error from Shawnee district court; Z. T. Hazen, judge. STATEMENT. Several creditors of Benjamin Heilbrun caused levies of executions to be made upon real estate in which it was claimed Heilbrun had an interest, acquired by inheritance from his wife. These suits were brought to enjoin the sale of the land upon the executions, claiming that the property had passed by will of Carrie Heilbrun, in whom the title had rested, to her children. The following is a copy of the will: “I, Carrie Heilbrun, of the county of Osage and state of Kansas, being of lawful age and of sound and disposing mind and…
1Opinion of the Court
*392The opinion of the court was delivered by
Johnston, C. J.:
The title to the land sought to be subjected to the payment of the judgment against Benjamin Heilbrun was in his wife, Carrie Heilbrun, at the time of her death. While her ownership has not been exactly conceded, it is not seriously attacked. In one part of the answer there was a general statement that real and personal property of Benjamin Heilbrun was placed in his wife’s name for fraudulent purposes, but there is no allegation that the property in question had ever been owned by him, nor that it was fraudulently acquired or held by…
2Cases cited9 opinions
- Potter v. CouchSupreme Court of the United States · 1891
- George Johnston's EstateSupreme Court of Pennsylvania · 1898
- Barnitz's Lessee v. CaseySupreme Court of the United States · 1813
- Proctor v. DicklowSupreme Court of Kansas · 1896
- Shepard's EstateSupreme Court of Pennsylvania · 1895
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3Cited by29 opinions
- Armstrong v. LettySupreme Court of Oklahoma · 1922
- Menke v. DuweSupreme Court of Kansas · 1924
- United States v. PowellCourt of Appeals for the Tenth Circuit · 1962
- Lasnier v. BerthiaumeSupreme Court of Kansas · 1918
- Beverlin v. First National BankSupreme Court of Kansas · 1940
24 more not listed; retrieve them via the Exa API.