Farmers & Merchants State Bank v. Moore

Citations

• 111 Kan. 344
• 206 P. 907
• 1922 Kan. LEXIS 243

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Oklahoma Homestead — Sale—Proceeds Given to Wife — Proceeds Not Subject to Garnishment in Kansas for Husband’s Debt. .The owner of a home-/ stead in Oklahoma was indebted to a bank in Kansas. A sale of the homestead was made, the wife signing the deed under the promise of the husband that he would give the proceeds to her, which he did when the deed was executed, it being the intention of both that she would use the money to purchase another homestead. Shortly thereafter and without investing in a homestead they became residents of Kansas, and the bank sued the husband on his debt, garnishing the wife. Held, under the laws of Oklahoma the husband had a perfect right to make such disposition as he pleased of the proceeds of the homestead, without committing any fraud upon his creditors, and the money therefore became the wife’s property while their residence was in Oklahoma, and being her property, it is not subject to garnishment in Kansas for the husband’s debt.</p> <p>2. Garnishment Proceedings — Party in Interest — Competent Witness. The wife, upon being garnished in an action against her husband, is a party in interest in the garnishment proceedings (Giv. Code, §239), and upon exceptions to her answer, she is a competent witness.</p>