Seibert v. True
Supreme Court of Kansas
Error from Douglas District Oov/rt. George ~W. Seibert as assignee of W. H. R. Lykins brought suit against James F. True to recover $1,880.67 for thirty-seven head of cattle sold by Lykins to True in October, 1867. True answered, admitting that he was indebted in the amount claimed in the petition, alleged his readiness to pay, but stated that E. W. 8pa/rr. as administrator of George A. Matthews, deceased, claimed an interest in said sum, and prayed that said 8pa/rr be…
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Error from Douglas District Oov/rt. George ~W. Seibert as assignee of W. H. R. Lykins brought suit against James F. True to recover $1,880.67 for thirty-seven head of cattle sold by Lykins to True in October, 1867. True answered, admitting that he was indebted in the amount claimed in the petition, alleged his readiness to pay, but stated that E. W. 8pa/rr. as administrator of George A. Matthews, deceased, claimed an interest in said sum, and prayed that said 8pa/rr be joined as defendant, and his interest, if any, be ascertained. Afterward said Bpa/rr as administrator, and one M. 8. Winters,…
1Opinion of the Court
The opinion of the court was delivered by
Ejngman, O. J.:
This was an action brought by Seibert as the assignee of William IT. R. Lykins against James E. True. Ey the pleadings it became in effect an interpleader to ascertain who was entitled to the money, True admitting that he owed it to somebody, and asking the court to determine to whom he should pay it. The case was tried by the court, and special findings of fact made, and judgment entered accordingly.
l. Practice, on appeals, m equity cases, The counsel for plaintiff in error' claim that this is a chancery case, and that this court must…
Also in this document: Concurrence.
2Cases cited2 opinions
- Curtis v. TylerNew York Court of Chancery · 1842
- Kane v. VanderburghNew York Court of Chancery · 1814
3Cited by15 opinions
- State ex rel. Hopkins v. Southwestern Bell Telephone Co.Supreme Court of Kansas · 1924
- Salmon Falls Bank v. LeyserSupreme Court of Missouri · 1893
- Morrill v. MorrillSupreme Court of Vermont · 1880
- Blitz ex rel. Erickson v. MetzgerSupreme Court of Kansas · 1925
- Durham v. CraigIndiana Supreme Court · 1881
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