Green v. Chicago, Rock Island & Pacific Railroad

The opinion of the court was delivered by

Milton, J.:

This is an action in replevin whereby J. W. Green sought to recover from the defendant railroad company the possession of one Pond lathe and fixtures, then upon a car and about to be. shipped from Hutchinson, Kan., to Des Moines, Iowa. The railroad company answered, averring that it had received the property for shipment to one E. R. Mason, and that the plaintiff and Mason each claimed to be the owner and entitled to the possession of said property. The defendant therefore asked the court to require Mason to interplead in the action.…