Peck v. Merchants' Transfer & Storage Co.

The opinion of the court was delivered by

Mason, J.:

Susie Peck shipped a quantity of household goods from a point in Oklahoma to Topeka. An Oklahoma bank replevined them from the railroad company, asserting title under a chattel mortgage executed by her husband. The sheriff took the goods under a writ and placed them in the storage rooms of the Merchants’ Transfer and Storage Company. A few days later he notified that company that he had delivered the goods to the attorney for the bank, and directed the company to hold them subject to the order of such attorney. Mrs. Peck then brought an…