Benson v. Altenburg

The opinion of the court was delivered by

Hopkins, J.:

The action was one to subject the proceeds of the sale of certain real property to payment of a judgment in federal court. The controversy involves validity of an assignment of such judgment to plaintiff. The plaintiff prevailed and defendants appeal.

The facts are substantially these: M. B. Altenburg and F. J. Oyler were sued jointly in federal district court at Fort Scott by Elliott Blackwelder and others, in July, 1923. In May, 1924, Alten*297burg purchased certain lots in the city of Iola and caused title thereto to be taken in the name of…