Hurd v. G. C. Hixon & Co.
Supreme Court of Kansas
Error from Atchison District Court. On February 1, 1881, Hurd commenced this action, to obtain an injunction restraining the defendants from selling the-following-described premises in Atchison county, to wit: The east twenty acres of the north seventy-two acres of the northwest quarter of section twenty-one, township six, range twenty.
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Error from Atchison District Court. On February 1, 1881, Hurd commenced this action, to obtain an injunction restraining the defendants from selling the-following-described premises in Atchison county, to wit: The east twenty acres of the north seventy-two acres of the northwest quarter of section twenty-one, township six, range twenty. A temporary injunction was granted on the 7th day of February, 1881, by the probate judge of Atchison county,, the district judge being absent therefrom. The case was tried at the November Term, 1881, of the district court, by the court without a jury, and the…
1Opinion of the Court
The opinion of the court was delivered by
Hokton, C. J.:
The questions which aré presented for our determination in this case are: First, does a judgment in the district court upon a note, given by the defendant to the plaintiff for the erection of improvements on a homestead, not showing upon its face the consideration thereof, become a lien on such homestead so as to be enforceable against the real estate after it has passed into the hands of an innocent purchaser for a valuable consideration ? Second, can the consideration for a judgment rendered upon a promissory note executed for the…
2Cases cited4 opinions
- Nichols v. OverackerSupreme Court of Kansas · 1876
- Greeno v. BarnardSupreme Court of Kansas · 1877
- Kermeyer v. NewbySupreme Court of Kansas · 1875
- Medberry, Yetter & Co. v. Soper, Brainard & Co.Supreme Court of Kansas · 1877
3Cited by10 opinions
- Nickerson v. CrawfordSupreme Court of Minnesota · 1898
- King v. WilsonSupreme Court of Kansas · 1915
- Lyon v. HerbothWashington Supreme Court · 1925
- Fangrow v. FangrowSupreme Court of Kansas · 1959
- DePriest v. RansomSupreme Court of Kansas · 1948
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