39 Kan. 172 | Kan. | 1888
The opinion of the court was delivered by
This action was brought in the district court of Greenwood county, by E. J. Addison against N. H. Ives and W. S. Robertson, clerk of the district court of Greenwood county, to recover $56, alleged to have been paid to the clerk, Robertson, in satisfaction of a judgment owned by Addison, and which amount was paid by the clerk of the court to Ives. From the record it' appears that on December 9, 1885, one William Freeman owned a herd of cattle upon which H. P. Croff held a first mortgage, and E. J. Addison a, second mortgage, to secure the payment of debts owing to them respectively by Freeman. On that day Freeman sold the cattle to Croff, under an arrangement that Croff should purchase them at an agreed price, and that the balance of the purchase-money remaining after the satisfaction of Groff’s mortgage should be paid to Addison, to apply upon his debt and second mortgage. Under this arrangement there remained a balance of about $141 to apply upon the second mortgage. Croff failing to pay this balance, an action was begun by Freeman before a justice of the peace to collect the same, and on December 28, 1885, he recovered a judgment for $212, and on the same day the judgment was duly assigned to Addison. Croff subsequently appealed from the judgment of the justice of the peace to the district court, and on May 26, 1886, the cause was
The judgment will be affirmed.