Hagar v. Haas

Citations

• 66 Kan. 333
• 71 P. 822

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Attachment — Trespass. A seizure of property by an officer under a void attachment is nothing better than a naked trespass, as against a stranger who is in the rightful possession of such property.</p> <p>2. - Sale of Perishable Property — Owner not JSstovped by Purchase '. In a controversy as to the ownership and right of possession of attached property, the court, during the pendency of an action to recover the same from the attaching officer, ordered it to be sold because it was of a perishable nature, and at such sale the plaintiff became a bidder and purchased the property. Held, that the bid and purchase did not estop plaintiff from further asserting title and right of possession to the property.</p> <p>3. - Verdict Improperly Ordered by Court. Where the plaintiff makes a prima facie showing of ownership and right of possession of property attached by an officer as the property of another, and the attachment under which the officer justified is ' held to be void, a verdict in favor of the officer cannot be ordered by the court.</p>