R. T. Davis Mill Co. v. Bangs
Court of Appeals of Kansas
Error from Wyandotte Court of Common Pleas. Hon. T. P. Anderson, Judge. About noon on the twenty-ninth day of June, 1891, R. J. Dunning, the. owner of a chattel mortgage given by Alexander Collins, took possession of the stock of goods pledged in the mortgage. On the same day various other creditors of Collins, among whom were C. W. Bangs & Son, the plaintiffs below, brought their actions and caused garnishee processes to issue against Dunning.
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Error from Wyandotte Court of Common Pleas. Hon. T. P. Anderson, Judge. About noon on the twenty-ninth day of June, 1891, R. J. Dunning, the. owner of a chattel mortgage given by Alexander Collins, took possession of the stock of goods pledged in the mortgage. On the same day various other creditors of Collins, among whom were C. W. Bangs & Son, the plaintiffs below, brought their actions and caused garnishee processes to issue against Dunning. The garnishee summonses were duly served on Dunning that afternoon at various times. Later in the afternoon of the same day, the plaintiff in error,…
1Opinion of the CourtWells, J.
The real questions in this case are : Can the surplus value of personal property in the hands of a mortgagee be held by another creditor of the mortga,gor by a garnishment of the mortgagee in possession, as against attaching creditors of the mortgagor? and, if this be answered in the affirmative, then, Does the lien of the garnishment accrue upon the surplus in the hands of the garnishee at the time of the service of the summons, so as to make it prior to an attachment then in the hands of the sheriff and afterwards levied upon the property ? Both of these questions must be answered in the…
2Cases cited2 opinions
- Rock Island Lumber & Manufacturing Co. v. Equitable Trust & Investment Co.Supreme Court of Kansas · 1894
- Bradley v. ByerleyCourt of Appeals of Kansas · 1895
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