Hodgen v. Roy

Citations

• 102 Kan. 197
• 169 P. 1143
• 1918 Kan. LEXIS 4

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Attachment — Land—Defective Return of Sheriff — Return Not Void. In his return upon an order of attachment the sheriff should describé the property attached so that it can be readily identified; and held, that the return herein which described the land seized as the northeast and northwest quarters of section 22, in township 7, range 38, is not void by reason of indefiniteness or uncertainty in the description.</p> <p>2. Attachment — Mortgage Foreclosure — Concurrent Remedies. A party may employ as many concurrent and consistent remedies as the law gives him, and a plaintiff in an action to recover'an indebtedness and to foreclose a mortgage given to secure its payment may secure the issuance of an order of attachment and the levy of the same upon property other than that included in the mortgage.</p> <p>■3. Same — Mortgage Foreclosure — Excessive Levy — Levy Not Void. A court has authority to protect the defendants or other creditors as against an excessive levy and the seizure and holding of more property than is necessary to meet the judgment establishing the indebtedness; but the fact that an officer seizes and holds an excessive amount of property does not necessarily invalidate the attachment.</p>