SECURITY STATE BANK OF SCOTT CITY v. COBERLY

No. 50,999

5 Kan. App. 2d 691 (1981)

623 P.2d 544

SECURITY STATE BANK OF SCOTT CITY, KANSAS, Appellee, v. ALBERT T. COBERLY and MERLYNN COBERLY and THE FIRST NATIONAL BANK OF DIGHTON, KANSAS, Appellants.

Court of Appeals of Kansas.

Petition for review denied March 25, 1981.


Attorney(s) appearing for the Case

Craig D. Kershner, of Dighton, for the appellants.

John Shirley, of Wallace, Brantley & Shirley, of Scott City, for the appellee.

Before REES, P.J., ABBOTT and PARKS, JJ.


PARKS, J.:

Plaintiff Security State Bank of Scott City brought this suit seeking a declaratory judgment that a particular tract of land owned by defendants Albert and Merlynn Coberly was not exempt from execution on the judgment lien held by plaintiff. The trial court held that defendants' property did not qualify for a homestead exemption. Defendants appeal.

The statutory (K.S.A. 1980 Supp. 60-2301) and constitutional (Kan. Const. art. 15, § 9) definitions...

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