McGill v. Sutton

Citations

• 67 Kan. 234
• 72 P. 853
• 1903 Kan. LEXIS 237

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Injunction — Necessary Parties. When an action is brought by one of several judgment debtors, jointly liable, to restrain the sale of a tract of land owned by him, seized in execution, upon the ground that such land is not liable to execution in satisfaction of the judgment, the other judgment debtors are not necessary parties to the action.</p> <p>2. HomesteadAND'ExsMP'ricms — Finding not Disturbed. Whether the removal of a family from the homestead is for a temporary purpose, with the intention of returning to it as a home, or an abandonment of the homestead by the family, is a question of fact, the determination of which, upon conflicting oral testimony, will not be disturbed by this court.</p>