Swofford Bros. Dry-goods Co. v. John S. Brittain Dry-goods Co.

*2The opinion of the court was delivered by

McElroy, J. :

The John S. Brittain Dry-goods Company, on the 23d day of January, 1895, brought suit in the district court of Shawnee county against Hale & Evans to recover the amount due on an account in the sum of $141.83; it also sued out garnishment against the Swofford Brothers Dry-goods Company, mortgagees in possession of a stock of goods under a mortgage executed by Hale & Evans. The Swofford Brothers company made answer setting forth its mortgage and possession thereunder, and denying any indebtedness or liability to Hale & Evans, or that it had…