Dodge v. Smith
Court of Appeals of Kansas
Error from Barton District Court. Hon. J. W. Bailey, Judge. This was an action in replevin, brought by Dodge, first mortgagee, against Doolittle Brothers, subsequent mortgagees, bo recover possession of a stock of hardware. The Owings Hardware Company had purchased the property in controversy from Dodge, and given its mortgage to secure the payment of the purchase money.
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Error from Barton District Court. Hon. J. W. Bailey, Judge. This was an action in replevin, brought by Dodge, first mortgagee, against Doolittle Brothers, subsequent mortgagees, bo recover possession of a stock of hardware. The Owings Hardware Company had purchased the property in controversy from Dodge, and given its mortgage to secure the payment of the purchase money. The Dodge mortgage contained the following stipulation : ” It is hereby understood and agreed that this mortgage is to cover all other goods of every kind and nature whatsoever, which may be purchased by the said parties [of…
1Opinion of the CourtJohnson, P. J.
The contention of counsel for plaintiff is that* the court erred in taking the position, and instructing the jury, that the property subsequently purchased by the mortgagors and added to and mingled with the property of the mortgagors — even though the mortgage expressly provided that the mortgage lien should extend to and cover the after-acquired property added to the stock of hardware, tools and fixtures, and that the mortgagee should be authorized to take possession of the same in case of condition broken in the mortgage, or in case he should deem himself insecure — became in no way…
2Cases cited4 opinions
- Galveston Railroad v. CowdreySupreme Court of the United States · 1871
- Pennock v. CoeSupreme Court of the United States · 1860
- Cameron, Hull & Co. v. MarvinSupreme Court of Kansas · 1881
- Campbell v. QuintonCourt of Appeals of Kansas · 1896
3Cited by8 opinions
- Flanagan Bank v. GrahamOregon Supreme Court · 1903
- Danville State Bank v. MaySupreme Court of Kansas · 1928
- Domann v. PenceSupreme Court of Kansas · 1959
- Clarence E. Bussert v. John P. Quinlan, Trustee, in the Matter of Western Glass, Inc., a Corporation, BankruptCourt of Appeals for the Tenth Circuit · 1959
- McCormack v. E. E. McCormack Co.Oregon Supreme Court · 1964
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