Brown v. Woolwine

Citations

• 107 Kan. 258
• 191 P. 276
• 1920 Kan. LEXIS 56

Syllabus

<p>SYLLABUS BY THE COURT</p> <p>1. Attachment — Writ Levied on Property in Another County — Jurisdiction to Hear Motion to Discharge Attachment. Where an action is brought in one county and an attachment issues to another county, and the defendant claims that the property taken in the attachment is exempt, the only court that has jurisdiction to determine whether the attachment should be discharged is the court from which the attachment issued.</p> <p>2. Same — Replevin of Attached Property — Jurisdiction of Court to Entertain Action. Where an action is brought in one county and an attachment issues to another county, the district court of the county where the attachment is levied has jurisdiction to entertain an action in replevin against the sheriff by one who is not a party to the main action, and who claims to be the owner of the attached property.</p> <p>3. Same — Replevin of Attached Property — Property Purchased in Fraud of Vendor’s Creditors. In a replevin action to recover .personal property taken by attachment, the plaintiff claimed to have purchased the property from his brother, who was the defendant in the attachment. Held, upon the agreed statement of facts, that the transaction by which the plaintiff purchased the property was in fraud of his brother’s creditors, in which the plaintiff with full knowledge participated, and therefore the judgment in plaintiff’s favor is reversed and judgment ordered for the defendant.</p>