Bodwell v. M. Heaton & Co.
Supreme Court of Kansas
Error from, Norton District Court. Action by Heaton and three others, partners as M. Heaton & Co., against F. M. Jolly, to recover upon two promissory notes and an account. On behalf of plaintiffs, an order of attachment was issued and levied upon certain land. J. B. Bodwell filed an interplea in the action, alleging that he had a certain interest in the land attached. Judgment for the plaintiffs, on April 15,1886. The interpleader Bodwell brings the case here.
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Error from, Norton District Court. Action by Heaton and three others, partners as M. Heaton & Co., against F. M. Jolly, to recover upon two promissory notes and an account. On behalf of plaintiffs, an order of attachment was issued and levied upon certain land. J. B. Bodwell filed an interplea in the action, alleging that he had a certain interest in the land attached. Judgment for the plaintiffs, on April 15,1886. The interpleader Bodwell brings the case here. The opinion contains a sufficient statement of the facts.
1Opinion of the Court
*37Opinion by
Holt, C.:
The defendants in error, as plaintiffs, brought their action upon two promissory notes and an open account, in the Norton district court against E. M. Jolly as defendant, filed an affidavit and bond, and caused an order of attachment to issue, and real estate of the defendant to be attached. Service was made by publication, and the defendant is in default. J. B. Bodwell, plaintiff in error, filed an interplea, alleging that the defendant Jolly had agreed with, and intended to have executed to him a mortgage upon the land attached, to secure a note of $2,000, but in…
2Cited by12 opinions
- State v. HouckSupreme Court of Kansas · 1986
- State v. CrosbySupreme Court of Kansas · 1958
- Waddle v. BirdSupreme Court of Kansas · 1927
- Fitzgerald v. FitzgeraldSupreme Court of Kansas · 1916
- Jones v. CrowellSupreme Court of Kansas · 1948
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