Monroe v. May, Weil & Co.
Supreme Court of Kansas
Error from Atchison District Court. In June 1870, May, Weil A Co. obtained a judgment against J. H. Ham and A. (¿. Monroe, partners as Ham & Monroe, and execution thereon was issued and returned unsatisfied. Said Monroe owned and occupied a quarter-section of land in Atchison county, as a homestead. In December 1870 he exchanged this quarter-section to a Mr. Rose, for a house and lot in the city of Atchison, and $1,600 to be paid in money.
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Error from Atchison District Court. In June 1870, May, Weil A Co. obtained a judgment against J. H. Ham and A. (¿. Monroe, partners as Ham & Monroe, and execution thereon was issued and returned unsatisfied. Said Monroe owned and occupied a quarter-section of land in Atchison county, as a homestead. In December 1870 he exchanged this quarter-section to a Mr. Rose, for a house and lot in the city of Atchison, and $1,600 to be paid in money. Deeds were exchanged at that time, (Rose, at the request- of Mr. Monroe, making- the deed of the house and lot in the city to Mrs. H. A. Monroe;) and…
1Opinion of the Court
*472The opinion of the court was delivered by
Brewer, J.:
May, Weil & Co., judgment creditors of A, Q,. Monroe, brought their action to subject to their judgment-two pieces of real estate in the city of Atchison, standing in the name of Mrs. H. A. Monroe the wife of the judgment-debtor. As to one piece, the district court found that it was the homestead of the Monroes, and therefore exempt. The other it found was subject to the lien of such judgment, and ordered it sold in satisfaction thereof. This portion of the findings and decree tiñe plaintiffs in error seek by this proceeding to reverse.
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2Cases cited1 opinion
- Morris v. WardSupreme Court of Kansas · 1869
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- Beall v. PinckneyCourt of Appeals for the Fifth Circuit · 1945
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