Legal Opinion

Frazer v. Barry

Court of Appeals of Kansas

Decided July 9, 1896No. 104PublishedCited by 3 opinions

Memorandum.— Error from Atchison district court; Robert M. Eaton, judge. Action in replevin by James G. Frazer against John H. Barry, as sheriff of Atchison county. Judgment for defendant. Plaintiff brings the case to this court.

1Opinion of the Court

The opinion of the court was delivered by

Clark, J.:

On October 30, 1889, oneT. D. Frazer was the owner of a stock of goods of the value of about $1,600, and on that day he executed a mortgage thereon to the plaintiff in error to secure the payment of an alleged indebtedness of $1,640, and at the samé time delivered to the mortgagee possession of the mortgaged property. A few days thereafter R. Douglass & Co. and the B. C. Clark Crockery Company commenced their separate actions against T. D. Frazer to recover upon accounts then due them, and caused writs of attachment to be issued and levied…

2Cases cited3 opinions

  1. Gumbel v. PitkinSupreme Court of the United States · 1885
  2. Hoge v. NortonSupreme Court of Kansas · 1879
  3. Watson v. JacksonSupreme Court of Kansas · 1880

3Cited by3 opinions

  1. Rice v. FolsomSupreme Court of Oklahoma · 1912
  2. Western Grocer Co. v. AllemanSupreme Court of Kansas · 1910
  3. Bishop v. SmithSupreme Court of Kansas · 1903

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