Exchange National Bank v. Fleming
Supreme Court of Kansas
Error from Butler district court; O. W. Shinn, judge. STATEMENT. The plaintiff bank brought suit in attachment against Samuel G. Fleming, who in 1894 was its teller and in 1896 its cashier, alleging that while acting in each capacity he embezzled funds. Judgment was rendered in the sum of $10,000. The land in controversy in this action, a half-section in Butler county, was seized under the writ of attachment issued at the commencement of the action.
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Error from Butler district court; O. W. Shinn, judge. STATEMENT. The plaintiff bank brought suit in attachment against Samuel G. Fleming, who in 1894 was its teller and in 1896 its cashier, alleging that while acting in each capacity he embezzled funds. Judgment was rendered in the sum of $10,000. The land in controversy in this action, a half-section in Butler county, was seized under the writ of attachment issued at the commencement of the action. The defendant P. C. Capen is the mother-in:law of Fleming, and, upon leave duly granted, she filed an interplea in this action and claimed title…
1Opinion of the Court
The opinion of the court was delivered by
Ellis, J.:
There is but one question in this case. If the oral authority given by Pollock to Fleming to write the name of a grantee in the blank left for that purpose when he should sell the land and the doing of such act by Fleming according to the letter and spirit of the power so conferred rendered such deed operative and valid as to Pollock, the holder of the. haked legal title, and as to Fleming, the equitable owner of the land, then title passed to Capen by the delivery of the deed to her. That an attachment creditor under our statute acquires by…
2Cases cited11 opinions
- Drury v. FosterSupreme Court of the United States · 1865
- State v. YoungSupreme Court of Minnesota · 1877
- Van Etta v. EvensonWisconsin Supreme Court · 1871
- Bridgeport Bank v. New York & New Haven RailroadSupreme Court of Connecticut · 1861
- Swartz v. BallouSupreme Court of Iowa · 1877
6 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Hoard v. JonesSupreme Court of Kansas · 1925
- Tawney v. BlankenshipSupreme Court of Kansas · 1939
- Bryant v. FordyceSupreme Court of Kansas · 1938
- Marshall v. AndersonSupreme Court of Kansas · 1950
- Julian v. Eagle Oil & Gas Co.Supreme Court of Kansas · 1910
3 more not listed; retrieve them via the Exa API.