47 Kan. 455 | Kan. | 1891
The opinion of the court was delivered by
The questions involved in this case are similar to those just decided in J. L. Shellabarger et al. v. F. J. Mottin et al., with one exception. In this case it is alleged that the State Bank of Clyde had, at the time of the issuance of its attachment, a chattel mortgage on the stock of goods of the Mottin Bros., worth $9,991.51, to secure its debt of $3,500. Therefore, it is urged, as it had ample security for its claim, it ought not to have an attachment. All of the authorities under statutes similar to our own are to the effect that a creditor holding collateral security for his debt upon property belong
The order of the district court will be reversed, and the case remanded for further proceedings in accordance with the views herein expressed.