Stillman v. Hamer

Citations

• 70 Kan. 469
• 78 P. 836
• 1904 Kan. LEXIS 67

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Attachment — Purchaser Pendente Lite. A purchaser of land with notice of an attachment lien thereon takes it subject to such lien, and occupies no better position to contest the validity of the lien than the grantor would have had.</p> <p>2. -Abandonment of Lien. The law does not favor abandonments, and before an attachment lien will be deemed to have been abandoned some affirmative act or conduct of the creditor must be shown which is clearly inconsistent with the continuance of the lien.</p> <p>3. -Duration of Lien. In the absence of a statutory provision regulating the continuance of an attachment lien, which has been confirmed in a judgment, the duration of the lien is the duration of the judgment itself.</p> <p>4. -Irregular Return of Writ. An omission from a return of an order of attachment as to whether a copy of the same was left with an occupant is an irregularity, not a fatal defect, and therefore not available to a purchaser, in a collateral attack.</p>