[Download] "Pease v. Snyder" by Supreme Court of Kansas # eBook PDF Kindle ePub Free
eBook details
- Title: Pease v. Snyder
- Author : Supreme Court of Kansas
- Release Date : January 26, 1952
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 51 KB
Description
The opinion of the court was delivered by On October 22, 1946, plaintiff commenced an action in the
nature of a creditor's bill to subject the alleged interest of
J.R. Snyder in certain real estate to the payment of a money
judgment against him in favor of the plaintiff. Leila M. Snyder,
wife of J.R. Snyder, and one of the defendants, filed a motion
for judgment on the pleadings and that motion being denied she
appealed to this court which concluded her motion was not
tantamount to a demurrer and dismissed her appeal (Pease v.
Snyder, 166 Kan. 451, 201 P.2d 661). Thereafter, the cause was
tried in the district court which concluded, among other things,
that a purchase by Leila M. Snyder from the purchaser at a tax
foreclosure sale amounted to a redemption in favor of her
cotenant, J.R. Snyder, the judgment debtor, and that his interest
was subject to appropriation for payment of the judgment debt.
The Snyders appealed to this court, which in substance held that
the tax foreclosure proceedings cut off the rights of the
cotenants and that Leila M. Snyder by a subsequent purchase from
the purchaser at the tax foreclosure sale took a good title as
against her former cotenants. The judgment of the trial court was
reversed and a new trial ordered (Pease v. Snyder,
169 Kan. 628, 220 P.2d 151). The trial, out of which the present appeal arises, was upon the
issues as originally joined by the pleadings. For present
purposes it may be said plaintiff alleged that he recovered a
judgment against defendant J.R. Snyder on October 29, 1943; that
the defendants Snyder were cotenants of the real estate in
question; that the real estate was sold at tax foreclosure sale
to Leo W. Bohon and Helen E. Bohon who conveyed it to Leila M.
Snyder and that she held the title for herself and J.R. Snyder.
The petition did not allege the dates these deeds were recorded.
The answer of Leila M. Snyder contained a demurrer that the
petition stated no cause of action, a general denial, and
allegations of facts as to how she acquired title by purchase
from the Bohons, and that after acquiring title she had
contracted to sell the real estate to the defendants Grimm. She
prayed that her title be quieted. The defendants Grimm answered
[172 Kan. 259]