5 Kan. App. 102
Decided April 30, 1897
Court of Appeals of Kansas · decided 1897-04-30
Error from Brown District Court. Hon. J. F. Thompson, Judge. The plaintiff in error brought this action to enjoin the defendant in error Brown, as Sheriff of Brown County, from selling a certain quarter of an acre of land in that county under an execution issued at the instance of the defendant in error, Baker, upon a judgment obtained in the District Court of Brown County by one Susan B. Hill against Elizabeth and John Morris and assigned to him.
Cited by 2 later decisions — most recently May 1938
2 state decisions
Relies on Babcock v. Jones
Good law ✅— No negative treatment on recordhow we know
Affirmed · Decided 1897-04-30
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¶1We are of the opinion that the Hill judgment was a lien upon the real estate in question from the time such real estate was abandoned as a homestead by the debtor. The judgment lien, therefore, was and is, superior to the title of the plaintiff, Lillie Morris. Babcock v. Jones, 15 Kan. 296.
¶2It follows, that the trial court committed no error in its conclusions of law, and that it properly overruled the motion for a new trial; and its judgment will be affirmed.