Bates v. Wiggin
Supreme Court of Kansas
Error from Ellsworth District Court. Action by Frank A. Bates against J. A. Wiggin, personally, and as Receiver in the case of Oscar A. Burton v. H. B. Clark, et al., pending in the United States circuit court for the district of Kansas, to recover the possession of the following property, to wit: 142 tons of hay (millet), at $6 per ton; 300 bushels of feed oats, at 25 cents per bu.; 285 bushels of seed oats, at 40 cents per bu.; 275 bushels of rye, at 25 cents per bu.;…
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Error from Ellsworth District Court. Action by Frank A. Bates against J. A. Wiggin, personally, and as Receiver in the case of Oscar A. Burton v. H. B. Clark, et al., pending in the United States circuit court for the district of Kansas, to recover the possession of the following property, to wit: 142 tons of hay (millet), at $6 per ton; 300 bushels of feed oats, at 25 cents per bu.; 285 bushels of seed oats, at 40 cents per bu.; 275 bushels of rye, at 25 cents per bu.; 1,320 bushels of corn, at 25 cents per bu.; amounting in value to $1,439.75. Trial at the October Term, 1885. The plaintiff…
1Opinion of the Court
Opinion by
Holt, C.:
The first question that presents itself is, was the contract between Bates and Clark a conditional sale, or was it a mortgage on the property in controversy? The testimony is not uniform concerning the agreement. Some of the witnesses testify that the title should pass, and the property become absolutely the property of Bates at once. They all agree that the title to the property should be in Bates un*46til the notes were paid to the bank, but there is some testimony showing that the title to the property remaining should revert to Clark upon the payment of the notes, at once,…
2Cases cited5 opinions
- Morrow v. Turney's Adm'rSupreme Court of Alabama · 1859
- Lorch v. Aultman & Co.Indiana Supreme Court · 1881
- DeCottes v. Jeffers, Cothran & Co.Supreme Court of Florida · 1857
- Goodwin v. KellyNew York Supreme Court · 1864
- Case of the North American Gutta-Percha Co.New York Supreme Court · 1859
3Cited by12 opinions
- Barth v. ElyMontana Supreme Court · 1929
- Crews v. HarlanTexas Supreme Court · 1905
- Cramer v. IlerSupreme Court of Kansas · 1901
- Albien v. SmithSouth Dakota Supreme Court · 1909
- Bank of Hinton v. SwanSupreme Court of Iowa · 1912
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