Reports of Cases Argued and Determined in the Supreme Court of the State of Kansas Volume 84

Reports of Cases Argued and Determined in the Supreme Court of the State of Kansas Volume 84

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1911 edition. Excerpt: ...intended as a mortgage, and should have that effect only. The appellee's judgment, upon which this action is founded, was against Edwards and wife. In January, 1902, Mrs. Edwards paid $200, which was credited on the judgment, and she was released. It is now contended that this "released the liability of Yost for onehalf of that judgment," i. e., the judgment upon which this suit was brought. But it is not claimed that the appellant is liable upon that judgment. No lien is claimed upon his property, but only upon the property of the Edwardses, which is their equity in the land after satisfying the appellant's claims in full, hence he is not injured by the release of Mrs. Edwards. Finally, it is argued that the lien of the appellee is lost because an execution was not issued upon its judgment for more than five years. This action to enforce the lien of that judgment was commenced in less than one year after it was rendered, and has been pending ever since. An execution to preserve the vitality of the lien was not necessary. (Treat 'U. Wilson, 65 Kan. 729.) No error appears and the judgment is affirmed. I S. W. COOPER, Appcllee, v. KATHRYN GREENLEAF, Appellant. No. 16,956. SYLLABUS BY THE COURT. 1. NEW TRlAL--Exclusion of Eoidem-e--Motion Not Supported by Product-ion of Excluded Evidence. Section 307 of the code relieves this court of the duty to examine into alleged error in the exclusion of evidence when such ground of the motion for a new trial was not supported by a production of the evidence excluded. 2. JUDGMENTS---Dormancy--Insanity of Debtor---Substitution of Guardian. An adjudication of the insanity of a judgment debtor does not render dormant a judgment rendered against him before such adjudication, more

Product details

  • Paperback | 330 pages
  • 189 x 246 x 18mm | 590g
  • English
  • Illustrations, black and white
  • 1236828518
  • 9781236828514