Woods-Egan Live-Stock Commission Co. v. Hicks

Citations

• 92 Kan. 922
• 142 P. 276
• 1914 Kan. LEXIS 343

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>Attachment — Claim by Third Person — Forthcoming Bond — Interplea — Estoppel. Cattle belonging to E. were attached in the possession of the defendant H. Each advised the plaintiff’s agent and the sheriff of E’s ownership, whereupon the sheriff demanded and was promised an indemnifying bond, which was afterwards furnished. In order, that the defendant H., who had purchased the cattle for E., might retain possession, E. gave a bond conditioned as required by section 200 of the civil code, but which contained a recital that the property of the defendant H. had been attached and was “bound therefor.” Shortly thereafter he filed an interplea setting up his title to the cattle, to which the plaintiff pleaded the bond and the recital therein by way of estoppel. Judgment was rendered for the plaintiff against H. in the main action. Held, that as the plaintiff company was fully advised of the inter-pleader’s claim before the levy was made, and was in no way deceived or induced to change its position to its own injury by any statement or conduct of the claimant, the latter was not estopped to assert his title.</p>