Kessler v. Frost

Citations

• 103 Kan. 711
• 175 P. 967
• 1918 Kan. LEXIS 361

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Garnishment — Proceeds of Mortgage on Homestead — Exemptions. Creditors, whose claims were not shown to be lienable, garnished a bank holding certain money of the defendants^ the proceeds of a mortgage on their homestead, placed thereon for the purpose of paying in-</p> <p>. debtedness incurred for the erection of improvements theretofore placed on such homestead. Held, that the fund was exempt from the claims of the plaintiffs.</p> <p>2. Same — Motion to Discharge — No Matter for Jury. On the hearing of a motion to discharge the garnishments the court properly denied the plaintiffs’ request for a jury.</p>