Stewart v. Nelson

Plaintiff, as an attaching creditor of defendants Nelson & Aspland, levied his attachment on certain railroad ties as the property of said defendants. Bergstrom, the appellant herein, appeared and filed an interplea, claiming said ties to be his property in virtue of a sale thereof made to him by said Nelson & Aspland prior to the levy of such attachment. On the trial of the issue presented by the interplea and the reply thereto, the court instructed the jury that under the evidence, interpleader Bergstrom was not entitled to recover, and judgment was thereupon entered against him, from which…