Winter v. Dunlap

Citations

• 84 Kan. 519
• 114 P. 1057
• 1911 Kan. LEXIS 363

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Judgments — Liens—Priority—Time of Levy of Execution. Where two judgments were rendered against the same person, and no execution was levied within one year upon the land of the judgment debtor under either judgment, the judgment creditor who first caused an execution to be thereafter issued and levied obtained thereby a priority of liens upon the land levied upon, although the judgment of the other creditor was first docketed.</p> <p>2. -Execution — Joint Judgment Debtor — Judgment Dormant as to One Debtor. An execution may be issued and levied under a judgment against the property of one or more joint judgment debtors, although the judgment is dormant as to another one of the judgment debtors.</p> <p>3. - Res Judicata — Title and Ownership — Conveyance Pending Partition — Estate Conveyed. An owner of land died intestate, leaving a widow and four children. Pending an action for partition, D, one of the children, a defendant in that action, made a conveyance to W, describing the property conveyed as “my . . . one-eighth interest in” the land of the deceased. A judgment was afterward rendered in the partition suit giving to the widow a life estate in the land, and to the four children the remainder in fee. Soon after this judgment had been rendered, a judgment in another action for the recovery of money was rendered against D and became a lien upon his land. It is held: (1) That the judgment in the partition suit finally determined that D’s interest in the land was one-fourth of the remainder; (2) that D’s deed to W conveyed one-half of that interest, being one-eighth of the land, subject to the life estate, leaving D the owner of the other one-eighth, which is subject to the lien of the judgment for money so rendered against him.</p>