28 Kan. 441 | Kan. | 1882
The opinion of the court was delivered by
This was an action in which the plaintiff in error, plaintiff below, attempted to foreclose a judgment lien. The district court held that this could not be done, and under the facts as stated in the petition we think the ruling of the district court was correct. On February 3, 1881, this action was commenced against Louisa Miner, Samuel Miner her husband, and Frederick Foster, in the district court of Bourbon county. The facts as stated in the petition are substantially as follows: On December 18, 1876, the plaintiff obtained judgment in said district court for the sum of $105 against the defendant, Louisa Miner, and at the same time obtained an order of sale of certain real estate attached in that action. On January 19, 1881, plaintiff caused an execution to be issued on said judgment to the sheriff of Bourbon county, who, unable to find any personal