Hoefer v. Fronkier

Citations

• 96 Kan. 400
• 151 P. 1112
• 1915 Kan. LEXIS 392

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>Homestead — Joint Mortgage by Husband and Wife — Proceeds Garnished by Husband’s Creditor — Garnishment Not Sustained. A husband in whose name the title to a certain homestead stood joined with his wife in executing a mortgage thereon to secure a loan, she transacting all the business. The lender retained a portion of the proceeds as a credit to be paid to the holder of another mortgage or to the wife when such mortgage should be satisfied.- The wife at once gave an order for her interest in this fund to K, who promptly notified the company. Thereafter the other mortgage was judicially determined to be void. Sometime after the wife had given the order referred to her husband gave one to a third person purporting to cover a large portion of the fund in question. The conclusion of the trial court in an action against the husband on a foreign judgment against him that the mortgage company could not be required as garnishee to pay the subsequent order made by the husband is, under the evidence, upheld. -</p>