Legal Opinion

Kayser v. Bauer

Supreme Court of Kansas

Decided August 15, 1869PublishedCited by 10 opinions

Error from Leavenworth County. The facts of the case stated with sufficient fullness in the subjoined opinion, may be abstracted as follows: K. & Co., plaintiffs in error, and others, creditors of S., a defendant in error, obtained several judgments against him, and issued attachments and executions thereunder, and levied upon property in possession of H., who held by purchase from S., admitted in the record to have been fraudulent as to the creditors of S. H. replevied the…

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Error from Leavenworth County. The facts of the case stated with sufficient fullness in the subjoined opinion, may be abstracted as follows: K. & Co., plaintiffs in error, and others, creditors of S., a defendant in error, obtained several judgments against him, and issued attachments and executions thereunder, and levied upon property in possession of H., who held by purchase from S., admitted in the record to have been fraudulent as to the creditors of S. H. replevied the property from the officers, and delivered it to B., a defendant in error, his surety on the replevin bond’ to indemnify…

1Opinion of the Court

By the 'Court,

Valentine, J.

The facts in the ease are substantially as follows : The plaintiffs and sundry other persons, creditors of said Stern, obtained several judgments against him. Attachments and executions were issued in said cases, and levied by John McKee, sheriff, and James Franks and Livius Hazen, constables, upon certain property, which was then in the possession of Aaron Hollenbeck, and claimed by him as his property, but which property, had formerly belonged to Stem, and had been purchased by *208Hollenbeck from Stern, with the intent to defraud Stern’s creditors.

After the officers…

2Cited by10 opinions

  1. Thomas v. First Nat. Bank of TecumsehSupreme Court of Oklahoma · 1912
  2. McKinney v. PurcellSupreme Court of Kansas · 1882
  3. Marix v. FrankeSupreme Court of Kansas · 1872
  4. Manning v. ManningSupreme Court of Kansas · 1881
  5. Citizens' State Bank v. MorseSupreme Court of Kansas · 1899

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