Brown v. Holmes
Supreme Court of Kansas
Error from Chase District Court. Replevin, brought by Brown and another to recover the possession of ninety-two head of cattle. Plaintiffs claimed the cattle under a chattel mortgage given to them by F. Led-rick, dated October 31, 1871, duly executed and registered in Morris county, where the cattle then were. These cattle were part of 624 head mortgaged to plaintiffs to secure Led-rick’s note of that date for $6,142.90, due sixty days after date.
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Error from Chase District Court. Replevin, brought by Brown and another to recover the possession of ninety-two head of cattle. Plaintiffs claimed the cattle under a chattel mortgage given to them by F. Led-rick, dated October 31, 1871, duly executed and registered in Morris county, where the cattle then were. These cattle were part of 624 head mortgaged to plaintiffs to secure Led-rick’s note of that date for $6,142.90, due sixty days after date. The action was commenced in May,. 1872, against Holmes, then in possession of the cattle in Chase county, who retained them upon a redelivery bond.…
1Opinion of the Court
The opinion of the court was delivered by
Brewer, J.:
This was an action of replevin in the district court of Chase county, brought by plaintiffs in error to recover the possession of certain Texas cattle claimed by them by virtue of a chattel mortgage given by one Ledrick, the owner. The defendant asserted no title, but simply claimed a lien for wintering the cattle. Three errors are alleged.
i.Replevin; defusai. Plaintiffs sought to prove a demand for the possession, and a tender of the charges for keeping the cattle, made after the commencement of the action, but the court ruled out the…
2Cases cited4 opinions
- Wilson v. FullerSupreme Court of Kansas · 1872
- Golden v. CockrilSupreme Court of Kansas · 1862
- Town of Leroy v. McConnellSupreme Court of Kansas · 1871
- Spratly v. Putnam Fire Ins.Supreme Court of Kansas · 1869
3Cited by23 opinions
- Case v. AllenSupreme Court of Arkansas · 1878
- City National Bank v. Goodloe-McClelland Commission Co.Missouri Court of Appeals · 1902
- Corbin v. KincaidSupreme Court of Kansas · 1885
- Alferitz v. IngallsU.S. Circuit Court for the District of Nevada · 1897
- State ex rel. Minard v. SowdersSupreme Court of Kansas · 1889
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