Gaynes v. Wallingford

The opinion of the court was delivered by On September 15, 1954, the action out of which this appeal
arises was commenced in the district court of Johnson County,
Kansas, by Albert Gaynes and Rose Gaynes against Al J. Conn and
Martha Conn on an Illinois judgment. Personal service of summons
was had upon the Conns and on October 27, 1954, judgment was
rendered in favor of the Gaynes in the sum of $6,295.39. On November 4, 1954, execution was issued upon the Gaynes
judgment and returned on November 9, 1954, with the endorsement
that no property could be found. Proceedings in aid of execution
were commenced (G.S. 1949, 60-3485 et seq.), and Conn appeared
personally before the court and testified he owned a one sixth
interest in a one-acre tract in the northeast corner of the
southeast quarter (SE 1/4) of Section 36, Township 13, Range 24,
Johnson County, Kansas, together with improvements thereon. As is
later developed in the opinion, this is the property in
controversy.