Meegan v. Pettibone-Gentry Co.

Citations

• 85 Kan. 536
• 118 P. 64
• 1911 Kan. LEXIS 109

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Attachment — Choice of Remedies by Mortgagee — Replevin— Interplea. Where the property seized in an attachment action is claimed by one holding a mortgage on it, and who is not a party to the attachment action, such mortgagee has the option to recover' the property in an action of replevin or to protect and enforce his mortgage lien by interpleading in the attachment action.</p> <p>2. -Right of Mortgagee to Intervene. The fact that a forthcoming bond was given by a defendant in the attachment action, to whom the property was delivered, which bond was not signed nor procured to be given by the mortgagee, will not defeat the right of the mortgagee to intervene in the attachment proceeding in order to have his interest in the property determined.</p> <p>8.-- Same. Nor will the fact that he obtained peaceable possession of the property from one of the defendants, after the forthcoming bond was given, prevent a hearing upon his interplea, which was filed about the same time that possession was obtained.</p>