Legal Opinion

Jones v. Scott

Supreme Court of Kansas

Decided July 15, 1872PublishedCited by 9 opinions

Error from Crawford District Court- Replevin, brought by Scott to recover possession of a lot of law and miscellaneous books, which he claimed as constituting a part of his law and family library, and as exempt from sale upon execution.

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Error from Crawford District Court- Replevin, brought by Scott to recover possession of a lot of law and miscellaneous books, which he claimed as constituting a part of his law and family library, and as exempt from sale upon execution. Jones answered that he was an acting constable, etc., and that as such constable he had taken said books by virtue of a writ of execution duly issued to him upon a judgment in favor of one F. B. Andrews and.against said Scott, and that in 1870 Scott had deposited and left with and in the possession of said Andrews the said books as security for the payment of…

1Opinion of the Court

The opinion of the court was delivered by

Valentine, J.:

The property in controversy in this case was not, exempt from the execution which was levied upon it. The defendant in error (plaintiff below) pledged said property to B. E. Andrews, a creditor of his, as collateral-security for the payment of a debt. He placed it in the possession of Andrews, and there it- remained until it ivas siezed by the officer, under said excution, which was issued on a judgment rendered on the debt for which said property ivas pledged. After the property ivas so seized the defendant in error commenced this action…

2Cited by9 opinions

  1. Barchard v. KohnIllinois Supreme Court · 1895
  2. Rice v. NolanSupreme Court of Kansas · 1885
  3. State v. GoeringSupreme Court of Kansas · 1964
  4. St. Luke's Hospital Ass'n v. Grand Forks CountyNorth Dakota Supreme Court · 1898
  5. Valley National Bank v. JackawaySupreme Court of Iowa · 1890

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