O'Malley v. Townsley

Citations

• 85 Kan. 489
• 117 P. 1022
• 1911 Kan. LEXIS 102

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>Attachment — Discharged—When. Where no evidence is offered to the contrary, the trial court is justified in sustaining a motion to discharge land from an attachment made by a stranger to the action on the ground that he is the real owner although the record title is in the defendant, where the motion is supported by the affidavits of the claimant and the defendant that prior to the levy the defendant sold the land to the claimant and executed a deed which by mistake described another tract instead of that intended to be conveyed.</p>