Postlethwaite v. Edson

Citations

• 106 Kan. 354
• 187 P. 688
• 1920 Kan. LEXIS 519

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Will — Not a Conveyance or an Alienation of Homestead. The former ruling (Postlethwaite v. Edson, 102 Kan. 104, 171 Pac. 769), that the will was not an alienation or conveyance of the homestead, is followed and adhered to.</p> <p>2. Judgment — Against Directors of Corporation — Contribution. As against the defendants, the plaintiff’s right to compel contribution from the estate of a deceased person has been established by former judgments.</p> <p>3. Same — Revivor. A judgment that has been revived against the administratrix of the estate of a deceased person need not be again revived on the death of the administratrix.</p> <p>4. Creditor’s Bill — Findings of Ownership of Property. A finding of the court concerning the ownership of real property will not be disturbed where there is evidence to support the finding.</p> <p>5. Same — Right to Trial by Jury. In an action in the nature of a creditor’s bill to subject certain lands to the payment of the plaintiff’s claim, it is not error to refuse to submit to a jury the question of the title to the property.</p>