Brewer v. Warner

Citations

• 105 Kan. 168
• 182 P. 411
• 5 A.L.R. 385
• 1919 Kan. LEXIS 41

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>Res Judicata — Sheriff’s Sale of Land — Sale Confirmed — No Adjudication of Debtor’s Homestead Rights. Confirmation of a sheriff’s sale of land, made under a general execution issued on a judgment for debt, is not an adjudication that the land was lawfully subject to sale; and in an action by the debtor against the creditor for damages for deprivation of exempt property, the debtor may show that the land was his government homestead, and that the debt was contracted before patent issued, notwithstanding confirmation of the sale.</p>