Parkhurst v. First National Bank of Clyde

*101The opinion of the court was delivered by

JohNstoN, J. :

George L. Parkhurst brought an action against the First National Bank of Clyde, Kas., alleging that he was the owner of certain personal property which he had advertised to be sold at public auction, on February 15, 1889, and that when the prospective purchasers had assembled and the sale was about to proceed the defendant bank, by its agents, appeared and warned said purchasers that the bank was the owner or had mortgages upon the property advertised to be sold, and that Parkhurst had no right to sell the same, and that those who…