William H. Bush & Co. v. Adams

Citations

• 72 Kan. 556
• 84 P. 122
• 1906 Kan. LEXIS 354

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>Homestead — Intention to Occupy — Overt Act — Exemption. A debtor in failing circumstances, being the head of a family, concluded to surrender to his creditors the property he then occupied as a homestead, and to move to, and make his home upon, another tract of land which he owned and which was so leased that he had a right to take possession of it at any time. He made such removal, after delaying it between four and five months in order to assist his creditors in realizing upon his property, having made a general assignment. Before he moved, and before he had done any act in pursuance of his purpose to move, a judgment was rendered against him by a justice of the peace, and a transcript of it was filed in the district court. Held, that the property in question was not exempt from sale upon an execution issued on such judgment.</p>