Citizens State Bank v. Farmers Union Livestock Cooperative Co.

Time presently available permits only a sketchy and incomplete statement of the reasons which impel me to dissent from this decision. The appeal being here from an order overruling plaintiff’s demurrer to certain portions of the answer, and upon stipulation as to the issues thus raised, the essential facts are not in dispute.

Jones, a resident of Dallam county, Texas, gave a mortgage on cattle to a Dalhart, Tex., bank, the appellant here. The cattle were not then in Kansas, but subsequently were brought to Meade county, Kansas, branded, and the mortgage was there recorded on August 4, 1945. In…