Bartlett v. Ridgley National Bank

The opinion of the court was delivered by

Cunningham, J. :

The defendant in error was plaintiff below. It commenced an action in replevin in Kearny county, Kansas, against the plaintiffs in error, setting out in its petition the execution and delivery to it by the plaintiffs of their promissory note secured by a chattel mortgage on 515 head of cattle of various kinds, all branded alike. It further alleged that the note was long past due and that it was entitled to the immediate possession of the mortgaged property, and that “defendants unlawfully detain and keep plaintiff out of the possession…