First National Bank v. Livingood

Citations

• 83 Kan. 118
• 109 P. 987
• 1910 Kan. LEXIS 480

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>Attachment — Sale of Property — Dissolution—Determination of Plaintiff’s Right to Proceeds under a Chattel Mortgage. Where an action in attachment is begun, and property is attached therein and is sold by order of court and converted into money, and thereafter the attachment is dissolved and the action dismissed, a court may, while the money remains in the custody of its officers, hear and determine, on motion therefor, the claim of the plaintiff (who claims to have a chattel mortgage on the property) as to his right to have the money — the proceeds of the sale — delivered to him instead of to the defendant in the action.</p>