Rankine v. Greer
Supreme Court of Kansas
Error from Shawnee Superior Court. Action brought by the plaintiff in error to recover the possession of two mares claimed by her by virtue of a chattel mortgage given to her by one Brinzendine, the owner. The action was brought against E. J. Cady, who was a constable, and held and claimed possession of the property in controversy by virtue of an execution issued against Brinzendine. Trial by the court at the April Term, 1886, and judgment rendered for the defendant.
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Error from Shawnee Superior Court. Action brought by the plaintiff in error to recover the possession of two mares claimed by her by virtue of a chattel mortgage given to her by one Brinzendine, the owner. The action was brought against E. J. Cady, who was a constable, and held and claimed possession of the property in controversy by virtue of an execution issued against Brinzendine. Trial by the court at the April Term, 1886, and judgment rendered for the defendant. The plaintiff has brought the case to this court. The court below made findings of fact and conclusions of law as follows:…
1Opinion of the Court
Opinion by
Clogston, C.:
The question presented for our consideration is, are the conclusions of law and judgment sustained by the findings of fact as found by the court? If they are, then the judgment was properly rendered thereon for the defendant. At the time this action was commenced, Cady, the constable, was in possession of the property by virtue of' an execution regularly issued upon a judgment in favor of Mrs. Greer. This execution was properly levied upon the property in controversy, and by such levy all right of Brinzendine, the owner, was transferred to the judgment creditor; but…
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