Legal Opinion

Eldridge v. Deets

Court of Appeals of Kansas

Decided July 13, 1896No. 133PublishedCited by 3 opinions

Memorandum. — Error from Crawford district court; J. S. West, judge. Action by W. J. Eldridge against John T. Deets, as sheriff of Crawford county, to enjoin a sale under an execution. Judgment for defendant: Plaintiff brings the case to this court.

1Opinion of the Court

The opinion of the court*was delivered by

Code, J. :

This action was brought to enjoin the sheriff of Crawford county from selling certain rea,l estate under an execution to satisfy a judgment rendered against the plaintiff.' The injunction was asked upon the ground that the real estate about to be sold was the homestead of the debtor. A temporary injunction was granted by the probate court of Crawford county at the commencement of the action, and afterward the defendant filed a motion to dissolve the temporary injunction. Upon a hearing, the district court sustained the motion, and made an…

2Cases cited4 opinions

  1. Ferguson v. SmithSupreme Court of Kansas · 1872
  2. Westbrook v. SchmausSupreme Court of Kansas · 1893
  3. Heaston v. MillerCourt of Appeals of Kansas · 1895
  4. State v. JennersonSupreme Court of Kansas · 1875

3Cited by3 opinions

  1. Cook v. City of TopekaSupreme Court of Kansas · 1982
  2. De Vitt v. City of El RenoSupreme Court of Oklahoma · 1910
  3. Scott v. BrownCourt of Appeals of Kansas · 1900

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