Hetrick

Appellant H. Morgan Hetrick (hereinafter Hetrick) appeals from “the judgment on the petition in the matter of the third party claim filed by Paris Jet, Inc., entered on 15 January 1976.”

A knowledge of the background of the litigation is necessary to an understanding of the proceedings here. With respect to the underlying action, plaintiff Commercial & Farmers National Bank (hereinafter Bank) brought suit on a note naming Hetrick and Paris Jet, Inc. (hereinafter PJI) as defendants. Thereafter Bank secured a writ of attachment and levied on the purported interests of defendants PJI and Hetrick in and to certain personal property, specifically 17 pieces of equipment. On October 7, 1975, PJI secured an order from the trial court discharging the writ of attachment “[a]s between plaintiff [Bank] and defendant, Paris Jet, Inc.” The October 7, 1975, order provided as follows: “Pursuant to stipulation . . . [the 17 items of equipment] may be released to Paris Jet, Inc. forthwith upon the posting of a bond or undertaking with the Marshal or levying officer in the amount of $22,000.00 in the favor of both plaintiff herein and defendant, W. Morgan Hetrick, it being contemplated…