Smith-McCord Dry-goods Co. v. Burke

The opinion of the court was delivered by

Greene, J.:

The plaintiffs in error, the Smith - McCord Dry-goods Company, the Hargadine-McKittrick Dry-goods Company, Phelps, Dodge & Palmer, Rothschild Bros., L. Beard & Co., and Harding & Co., commenced this action in the district court of Osage county against defendants in error, F. E. Burke and John T. Hoover, to recover the possession of a certain stock of merchandise located at Burlingame, Kan., alleging special ownership therein under mortgages.

It appears from the petition that on the 29th day of January, 1898, the defendant Burke executed his…