Kincaid & Bro. v. Frog
Supreme Court of Kansas
Error from Linn District Court. The opinion states the case. Did the plaintiffs obtain a valid attachment upon the property before the interpleader got his deed ? The record shows that Mrs. Frog was served with process on May 19, 1888. This gave her knowledge of the pendency of the suit. She was then living in Carroll county, Arkansas. The inter-pleader was living in Kingman county, Kansas.
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Error from Linn District Court. The opinion states the case. Did the plaintiffs obtain a valid attachment upon the property before the interpleader got his deed ? The record shows that Mrs. Frog was served with process on May 19, 1888. This gave her knowledge of the pendency of the suit. She was then living in Carroll county, Arkansas. The inter-pleader was living in Kingman county, Kansas. She executed a deed dated June 6, 1888, acknowledged June 9, 1888, and recorded June 13, 1888. The deed was made from sister to brother. The claim of the interpleader is, that this service was not properly…
1Opinion of the Court
Opinion by
Strang, C.:
May 14,1888, the plaintiffs commenced suit in the district court of Linn county, against Mrs. M. S. Frog, formerly Mrs. M. S. Fouts, on a promissory note. At the commencement of the action, Mrs. Frog was a resident of Carroll county, Arkansas. The plaintiffs procured an attachment to issue, which was, on the 15th of May, 1888, levied upon a tract of land then the property of said defendant. The summons was served upon Mrs. Frog on the 19th day of said month, in Carroll county, Arkansas, by a deputy sheriff of that county. No other service was had until January 3, 1889,…
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