Bank of Powhattan v. Rooney
Kansas Supreme Court
72 P.2d 993 (1937)
- Written by Sean Carroll, JD
Facts
The Bank of Powhattan won a judgment against D. Pat Rooney for approximately $2,500. The bank assigned the judgment to L. E. Laflin (plaintiff). Pat’s father, Hugh Rooney, died and left Pat a life estate in property in Brown County. Hugh’s will also contained a residuary clause that devised the residue of his estate to his eight children, including Pat. The residue included a property in Nemaha County, meaning that Pat owned an undivided one-eighth interest in that property. Finally, Hugh’s will prohibited his beneficiaries from selling any land devised pursuant to the will to any non-beneficiary for a period of three years after Hugh’s death. Laflin caused an execution to be issued in both Brown County and Nemaha County to enforce his judgment against Pat. The sheriffs in each county advertised the two properties for execution sales. One of the executors of Hugh’s estate (defendant) filed a motion seeking an order staying the two sales. The district court granted the motion and enjoined the sales based on the provision in the will restricting sales of the properties to outsiders for three years. Laflin appealed.
Rule of Law
Issue
Holding and Reasoning (Smith, J.)
Concurrence (Allen, J.)
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