Ward v. Benner

Citations

• 89 Kan. 369
• 131 P. 609
• 1913 Kan. LEXIS 73

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Devisee — Interest in Real Estate — Subject to Attachment. The interest of a devisee in real estate is subject'to attachment although the will directs the executor to sell the property and distribute the proceeds among the devisees.</p> <p>2. Judgment — Order Allowing Executor to Sell Attached Property Approved. A clause of a final judgment in an action wherein the interest of a devisee in real estate had been attached, allowing the executor to sell the attached property as directed by the will and providing for the application of the defendant’s share of the proceeds upon the judgment against him, is approved.</p> <p>3. Attachment — Publication Service — Jurisdiction over Attached Property Only. Where the interest of a defendant as devisee in real estate is attached and service is made upon him by publication only, the court does not thereby obtain jurisdiction to apply upon the judgment rendered against him his share in the proceeds of personal property in the hands of the executor upon which -the attachment was not levied.</p> <p>4. Injunction — Confers no Jurisdiction to Dispose of Property. The issuance of a temporary injunction to restrain the disposition of a defendant’s interest in personal property, does not give the court authority to apply such property or its proceeds to the payment of the plaintiff’s claim.</p>