Legal Opinion

Galbreath v. Drought

Supreme Court of Kansas

Decided January 15, 1883PublishedCited by 9 opinions

Error from Wyandotte District Oou/rt. Action by Galbreath against Drought, begun February 15, 1881. A demurrer was filed to the original' petition, which on April 3, 1881, was sustained.

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Error from Wyandotte District Oou/rt. Action by Galbreath against Drought, begun February 15, 1881. A demurrer was filed to the original' petition, which on April 3, 1881, was sustained. Leave was given to file an amended petition, and on May 8, 1882, the following amended petition (omitting court and title) was filed: “The plaintiff says that on the 6th day of May, 1874, one F. C. Eames, by the consideration of the district court of the state of Kansas, within and for the county of Leavenworth, Kansas, did recover a personal judgment against defendant, E. S. W. Drought, in an action then…

1Opinion of the Court

The opinion of the court was delivered by

Horton, C. J.:

While the prayer of the petition filed in this case is to the effect that the judgment rendered in the district court of Leavenworth county, on the 6th day of May, 1874, in favor of F. C. Eames, against E. S. W. Drought, and now alleged to be owned by the plaintiff, may be adjudged a lien upon the lands of the defendant in Wyandotte county, not exempt from sale upon execution, the principal object of the action was to vacate the order of the district court of Leavenworth county, of the date of April 22d, 1881, confirming the sheriff's…

2Cases cited3 opinions

  1. Ferguson v. TuttSupreme Court of Kansas · 1871
  2. Meixell v. KirkpatrickSupreme Court of Kansas · 1882
  3. Johnson v. LindsaySupreme Court of Kansas · 1882

3Cited by9 opinions

  1. Boos v. MorganIndiana Supreme Court · 1892
  2. Christy v. SpringsSupreme Court of Oklahoma · 1902
  3. Payne v. Long-Bell Lumber Co.Supreme Court of Oklahoma · 1900
  4. Pool v. GatesSupreme Court of Kansas · 1925
  5. Missouri Valley Land Co. v. BarwickSupreme Court of Kansas · 1892

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