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COMMERCE BANK v. ODELL

No. 66,876

16 Kan. App. 2d 704 (1992)

827 P.2d 1205

COMMERCE BANK OF KANSAS CITY, Appellee, v. MELVIN W. ODELL and GLORIA J. ODELL, Appellants.

Court of Appeals of Kansas.

Opinion filed March 13, 1992.

Attorney(s) appearing for the Case

James E. Kunce, of Overland Park, for appellants.

J. Darcy Domoney, of Winkler, Lee, Tetwiler & Domoney, of Paola, for appellee.

Before PIERRON, P.J., DAVIS and LARSON, JJ.

PIERRON, J.:

Commerce Bank of Kansas City (plaintiff), a judgment creditor of Melvin W. Odell and Gloria J. Odell (defendants), is seeking to execute on 240 acres of land owned by the defendants. Each defendant claims a 120-acre homestead, causing all of the jointly owned property to be exempt from execution. The question presented is whether the 240 acres can be subject to a 120-acre homestead for each defendant, or whether, in fact, there is only one homestead exemption...

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