Treat v. Wilson

Citations

• 65 Kan. 729
• 70 P. 893
• 1902 Kan. LEXIS 124

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Judgment — Action to Recover Second Judgment — EoEeeessity for Execution or Revivor. An action can be commenced and maintained on a domostic judgment to recover a second judgment thereon, if such action is begun before the judgment upon which the action is brought becomes dormant. While such action is pending, there is no necessity for the issuance of an execution on the judgment, or for obtaining a revivor of the judgment, in the method prescribed by the statute, to preserve the cause of action. The pendency of the action preserves the vitality of the judgment as a cause of action.</p> <p>2. Homesteads and Exemptions — Judgment for Value of Exempt Property. A judgment obtained for the value of exempt personal property, seized and sold on execution, takes the place of the exempt property and is exempt. A set-off against such exempt judgment in the hands of the original judgment creditor will not be permitted.</p>