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DEUTSCHE BANK NAT. TRUST CO. v. ROONEY

No. 97,671.

186 P.3d 820 (2008)

DEUTSCHE BANK NATIONAL TRUST COMPANY, as Trustee of Ameriquest Mortgage Securities, Appellee, v. Thomas P. ROONEY, a/k/a Thomas Patrick Rooney, et al., Defendants, and Kathleen R. Rooney and Nu-Dell Manufacturing Company Inc., Appellants.

Court of Appeals of Kansas.

June 20, 2008.

Attorney(s) appearing for the Case

G. Gordon Atcheson, of The Atcheson Law Office, of Westwood, and Mark D. Hagen, of Law Office of Mark Hagen, of Mission, for appellants.

Thomas J. Fritzlen, Jr., of Martin, Leigh, Laws & Fritzlen, P.C., of Kansas City, Missouri, for appellee.

Before MARQUARDT, P.J., CAPLINGER and LEBEN, JJ.

LEBEN, J.

From the time our state was founded, Kansas has had a constitutional provision prohibiting creditors from forcing a sale of a family's homestead. Similar language has been included in statutes, and the Kansas Supreme Court has broadly interpreted them over the years. Even though court judgments generally constitute a lien against real estate, the Kansas Supreme Court determined in 1869 that a judgment lien had no effect against a homestead. Morris v....

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