McConnell v. Wolcott

Citations

• 70 Kan. 375
• 78 P. 848
• 1904 Kan. LEXIS 55

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Proceeding in Aid op Execution — Effect of Notice to Appear and Testify. The service on a judgment defendant of a notice requiring him to appear and answer questions regarding his assets, under the statute relating to supplementary proceedings in aid of execution, no order being made forbidding the transfer or other disposition of his property, does not give plaintiff a lien on funds held by the defendant, nor prevent the defendant from withdrawing such funds from the reach of his creditors by investing them in a homestead.</p> <p>:2. Homestead and Exemptions — Purchase by Insolvent Debtoi — . Exemption. An insolvent debtor may successfully assert a claim of exemption as to a homestead purchased with the proceeds of non-exempt property, where there are no peculiar equities in favor of existing creditors, even though such purchase be made for the very purpose of acquiring property that should constitute a homestead, and as such be beyond the reach of creditors.</p> <p>3. -Use of Proceeds — Purchase with Other Funds. The fact that a husband and wife sell their homestead, which would be covered by the lien of a judgment except for being exempt, and receive and use the purchase-money, does not prevent their afterward acquiring with other funds another homestead, which shall be exempt from sale to satisfy such judgment.</p>