Collingsworth v. Bell
Supreme Court of Kansas
Error from Franklin District Court. The plaintiff in error brought this action to recover the value of a stock of merchandise, which he alleges belonged to him, and was taken by the defendant from his possession.
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Error from Franklin District Court. The plaintiff in error brought this action to recover the value of a stock of merchandise, which he alleges belonged to him, and was taken by the defendant from his possession. The defendant answered, denying the allegations of the petition, and alleging that he was the sheriff of Franklin county, and that as such he took possession of the goods mentioned in the plaintiff’s petition under four several orders of attachment duly issued against the property of Rankin Bros. ; that the goods so taken were the property of said Rankin Bros.,; that the claim of…
1Opinion of the Court
The opinion of the court was delivered by
Allen, J.: The position taken by counsel for plaintiff in error is, that the validity of the mortgage to J. W. Rankin was fully established, and was assumed by the court in the instructions to the jury, and this being so, the right of the mortgagee to hold possession of the goods himself, or to transfer them to whomsoever he pleased and for whatsoever consideration, was absolute, and could not be challenged on the ground of fraud by the creditors of Rankin Bros. ; that, as against the mortgagee, Rankin Bros, had no attachable interest in the property,…
2Cases cited3 opinions
- Wygal v. BigelowSupreme Court of Kansas · 1889
- Jones v. FranksSupreme Court of Kansas · 1885
- Ament v. GreerSupreme Court of Kansas · 1887
3Cited by1 opinion
- McDonald v. SwisherSupreme Court of Kansas · 1899