Phelps v. McNeely
Supreme Court of Missouri
Appeal from, Andrew Circuit Court. — Hon. Henry S. Kelley, Judge. cited Caldwell v. Scott, 54 N. IT. 414; Tenney v. Johnson, 43 N. H. 144; Rogers v. Batchelor, 12 Pet. 230; Sauntry v. Dunlap, 12 "Wis. 364; Conroy v. Woods, 13 Cal. 631; Story, on Partnership, 97; Taft v. Buffum, 14 Pick. 322; Clark v. Houghton, 12 Gray 38 ; Fierce v. Wilson, 2 Iowa 20.
1Opinion of the CourtNorton, J.
— The appellant in this case brought his suit by attachment against the firm of Clark & Bowers, in the Buchanan court of common pleas. The attachment was levied upon certain goods and chattels, as the property of the firm. The respondent, Phelps, appeared and filed an interplea in which he claimed a portion of the property thus levied upon, under a deed of trust executed by Clark, to secure the payment of a debt which Clark owed one Cooper. The answer to this denied the right of Phelps to the property, or that Clark owed" Cooper, or had ever executed a note, and alleged that the deed of trust…
2Cases cited2 opinions
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- Thayer v. HumphreyWisconsin Supreme Court · 1895
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