Burke v. Johnson
Supreme Court of Kansas
Error from Johnson District Court. Action brought by Frank Burke against T. E. Armstrong. An order of attachment was issued therein, and the property in controversy attached as the property of Armstrong. J. B. Johnson, the defendant in error, interpleaded, claiming the property attached. Armstrong made default, and judgment was rendered against him and in favor of the plaintiff for $5,200. The cause on the interplea was submitted to the court, a jury being waived.
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Error from Johnson District Court. Action brought by Frank Burke against T. E. Armstrong. An order of attachment was issued therein, and the property in controversy attached as the property of Armstrong. J. B. Johnson, the defendant in error, interpleaded, claiming the property attached. Armstrong made default, and judgment was rendered against him and in favor of the plaintiff for $5,200. The cause on the interplea was submitted to the court, a jury being waived. Findings of fact and conclusions of law were made, as follows: “findings of fact. “1. On the first day of April, 1884, the said T.…
1Opinion of the Court
Opinion by
Clogston, C.:
Legal and equitable title; lien for purchase money.
But one question is presented : that is, are the conclusions of law sustained by the findings of fact? This question must be determined by an examination of the title to the property at the time the attachment was levied; and if Armstrong at that time had a leviable interest in the property, then the judgment should be reversed. The facts as found by the court show that the legal title to the property remained in Armstrong, subject to the interest and rights of Johnson under his contract Qf pechase. This contract…
2Cases cited7 opinions
- Holden v. GarrettSupreme Court of Kansas · 1879
- Orrick v. DurhamSupreme Court of Missouri · 1883
- Bush v. CollinsSupreme Court of Kansas · 1886
- Jones v. LaphamSupreme Court of Kansas · 1875
- French v. De BowMichigan Supreme Court · 1878
2 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- J. I. Case Threshing MacH. Co. v. Walton Trust Co.Supreme Court of Oklahoma · 1913
- Garrett v. BeersSupreme Court of Kansas · 1916
- Fitzgerald v. FitzgeraldSupreme Court of Kansas · 1916
- Voorhies v. HennessyWashington Supreme Court · 1893
- Felzien v. WieckSupreme Court of Kansas · 1925
4 more not listed; retrieve them via the Exa API.