Shanks v. L. Simon & Co.
Supreme Court of Kansas
Error from Franldin District Court. Hon. A. W. Benson, Judge. This was an action brought by L. Simon & Co. to subject certain lands in Eranklin County to the pay-merit of a judgment rendered in their favor against R. N. Shanks. The action was tried by the court, and the following special findings of fact were made : “1. On and for several years prior to May 1, 1891, the defendant, R. N. Shanks, was a retail merchant in business at Clarence, Missouri.
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Error from Franldin District Court. Hon. A. W. Benson, Judge. This was an action brought by L. Simon & Co. to subject certain lands in Eranklin County to the pay-merit of a judgment rendered in their favor against R. N. Shanks. The action was tried by the court, and the following special findings of fact were made : “1. On and for several years prior to May 1, 1891, the defendant, R. N. Shanks, was a retail merchant in business at Clarence, Missouri. On or about that date, the plaintiffs, who are wholesale merchants at Chicago, sold and delivered to said R. N. Shanks, a bill of goods…
1Opinion of the CourtAllen, J.
The first and most important question presented by counsel for plaintiffs in error arises from the fact that the attachments in favor of L. Simon & Co., and M. D. Wells & Co., were levied before the final delivery of the deed to Shanks, which occurred on the 4th of September, 1891. The attachment of the plaintiff was levied on August 29, 1891, and that of M. D. Wells & Go. two days later. The goods exchanged for the land by Shanks were shipped *391to Lane on the morning of August 28,‘and arrived there on the 1st of September.
1. Equitable interest subject to attachment. 2. Levy of attachment not…
2Cases cited2 opinions
- Bullene v. HiattSupreme Court of Kansas · 1873
- Becker v. MasonSupreme Court of Kansas · 1883
3Cited by11 opinions
- Watson v. BonfilsCourt of Appeals for the Eighth Circuit · 1902
- McCartney v. RobbinsSupreme Court of Kansas · 1923
- Gorham State Bank v. SellensSupreme Court of Kansas · 1989
- Poole v. FrenchSupreme Court of Kansas · 1905
- Parmenter v. LomaxSupreme Court of Kansas · 1903
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