Carter v. Des Moines Silo

Citations

• 106 Kan. 342
• 187 P. 656
• 1920 Kan. LEXIS 516

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>Execution — Levied on Homestead — Debt Contracted for Improvements— Exemptions. A creditor’s right to sell his debtor’s homestead on general execution rests on the fact that! the obligation reduced to judgment was contracted for erection of improvements, or other statutory exception to exemption, and not on adjudication of the fact. If the fact exist, the creditor may proceed until his right is duly challenged. He must then establish the fact, and this may be done in an action of injunction brought by the debtor’s spouse to enjoin sale.</p>