Peoples State Bank v. Troutman

Citations

• 111 Kan. 636
• 208 P. 562
• 1922 Kan. LEXIS 309

Syllabus

<p>SYLLABUS BY THE COUET.</p> <p>1. Liens — Action Pending — Judgment Lien Prior to Attachment IAen Acquired Pendente Lite. When an action is begun alleging a mining partnership between plaintiff and defendant, and that plaintiff had advanced expense money on the partnership account, and that the defendant owed the plaintiff therefor, and plaintiff alleged and claimed a first lien on the defendant’s interest in the property to satisfy its claim, a later attachment of defendant’s interest in the parnership property by another creditor is an attachment pendente lite, and when the first plaintiff’s claim to a lien is perfected by a judgment in its favor such lien has precedence over the attachment.</p> <p>2. Same — Priorities. An attachment of property lis pendens does not displace the rights of parties in litigation already pending in which their claim to a lien is in course of determination, and when such prior asserted lien is vindicated and perfected by a judgment, the satisfaction of such judgment has precedence over the rights acquired by the attaching creditor.</p>