Poole v. French

Citations

• 71 Kan. 391
• 80 P. 997
• 1905 Kan. LEXIS 150

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Bastardy- — Taxing of Costs to Defendant. Although there is no provision found in chapt.er 47 of the General Statutes of 1901, commonly known as the bastardy act, authorizing the taxing of the costs of an action arising thereunder to the defendant, yet the character of tlie action is such as to authorize the costs so to be taxed, under section 589 of the code of civil procedure (Gen. Stat. 1901, sec. 5075).</p> <p>2. Title and Ownership — Sale of Equity under Execution. Land held by an equitable title may be levied upon and sold in this state by virtue of a general execution.</p> <p>3. - Code Provisions Distinguished. The remedy afforded by sections 481, 482 and 483 of the code of civil procedure (Gen. Stat. 1901, secs. 4957-4959), commonly known as proceedings in aid of execution, for ascertaining and taking equitable interests in real estate, is not the only provision for that purpose found in the statutes; it is merely cumulative, or alternative.</p>