Smith v. Hensen

Citations

• 89 Kan. 792
• 132 P. 997
• 1913 Kan. LEXIS 125

Syllabus

<p>syllabus by THE COURT.</p> <p>1. Equitable Conversion — Lien of Judgment on Land Directed by Will to be Sold. Where a testator does not in terms devise his real estate to any one, but directs that his executor sell it and divide the proceeds among his children, no equitable conversion into personalty results, but each child upon the death of the testator becomes the owner of a portion. of the real estate, to which the lien of a judgment against such child will attach.</p> <p>2. - Judgment Creditor — Choice of Remedies — Execution or Proceedings, in Equity. Although a judgment creditor may have a right to sell upon execution the real estate belonging to his debtor, yet where the record title is in some one else a proceeding in equity may be maintained in advance to determine the true ownership.</p>