White v. Houser

Citations

• 98 Kan. 645
• 158 P. 1123
• 1916 Kan. LEXIS 153

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Quieting Title — Homestead—Final Receipt — Patent—Antecedent Indebtedness — Judgment—Execution—Owner Can Not Maintain Action. The owner of land patented under the homestead law, upon which an execution has been levied based on indebtedness antedating the issuance of a final receipt or patent (U. S. Rev. Stat. 1375, § 2296), upon whom no personal service has been made, after sale and before the redemption period fixed by the court has expired, the attention of the court not having been called to such indebtedness, can not maintain an action to remove from such homestead the apparent lien of such judgment. '</p> <p>2. Same — Judgment Creditor — Attachment—Prior Judgment — Subrogation. The holder of another judgment who had attached the same land subject to the one referred to, after his attachment had been quashed for want of service, by redeeming from such prior judgment could subject the land to the payment of his lien by subrogation to the rights of such prior judgment creditor.</p>