Wafer v. Harvey County Bank
Supreme Court of Kansas
Error from Harvey District Court. Action brought on May 8, 1884, by the Harvey County Bank and B. M. Spivey against John F. Wafer, as sheriff of Harvey county, to recover the possession of a certain stock of goods. On May 19, following, and before answer to the petition, Wafer moved that the attaching creditors should be substituted as defendants in his stead, and the creditors also at the same time appeared and prayed to be substituted as defendants for Wafer.
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Error from Harvey District Court. Action brought on May 8, 1884, by the Harvey County Bank and B. M. Spivey against John F. Wafer, as sheriff of Harvey county, to recover the possession of a certain stock of goods. On May 19, following, and before answer to the petition, Wafer moved that the attaching creditors should be substituted as defendants in his stead, and the creditors also at the same time appeared and prayed to be substituted as defendants for Wafer. These several applications were denied on May 20. On the same day, each of the attaching creditors separately applied to be made a…
1Opinion of the Court
Opinion by
Simpson, C.:
This is an action begun by the Harvey County Bank and R. M. Spivey, as plaintiffs, against John F. Wafer, who was then sheriff of Harvey county. Wafer, as sheriff, had seized, under various orders of attachment, a stock of goods belonging to the attachment debtor, R. M. Hamill. The bank and Spivey claimed to have the right to the possession of the attached property by virtue of a chattel mortgage thereon, executed by R. M. Hamill on the 20th day of March, 1884. The attaching creditors were made parties, and filed answers alleging that the chattel mortgage was fraudulent…
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