Hargis v. Robinson

The opinion of the court was delivered by

Johnston, C. J. :

This proceeding involves the question whether, after the supreme court has made an order directing the restoration or payment of a fund to one of two litigating parties, a third may intervene and show that the first has transferred his right to a part of the fund, and that the third party is entitled to such part. The question arises on the following facts, which are more fully set forth in Hargis v. Robinson, 63 Kan. 686, 66 Pac. 998 :

Meredith owned a tract of land, and in 1884 gave a mortgage thereon for $800. In 1886 a judgment for *590$…