Bice v. Rogers
Supreme Court of Kansas
Error from Ness District Court. ACTION of replevin by Bice against Rogers, as sheriff. Judgment for defendant at the September term, 1889. Plaintiff comes to this court. The opinion states the facts. In cases of fraud, the burden of proof is always on the party alleging fraud; so in this case the burden of proof was on the defendant, to show that the chattel mortgage in question was executed for the purposes alleged in his answer. Angelí v. Pickard, 28 N. W. Rep.
Read the full summary
Error from Ness District Court. ACTION of replevin by Bice against Rogers, as sheriff. Judgment for defendant at the September term, 1889. Plaintiff comes to this court. The opinion states the facts. In cases of fraud, the burden of proof is always on the party alleging fraud; so in this case the burden of proof was on the defendant, to show that the chattel mortgage in question was executed for the purposes alleged in his answer. Angelí v. Pickard, 28 N. W. Rep. (Mich.) 680; Hombs v. Corbin, 34 Mo. App. 393; Kipps v. Lamereaux, 45 N. W. Rep. (Mich.) 1002. This being the case, if there was…
1Opinion of the Court
The opinion of the court was delivered by
JOHNSTON, J.:
This was action of replevin, brought by L. M. Bice against P. A. Rogers, as sheriff of Ness county, to recover the possession of a stock of merchandise. The plaintiff claimed a special ownership in the property under a chattel mortgage executed to him by his son to indemnify the father for an indebtedness of over $7,000, for which he had become security for the son, and which he was subsequently compelled to pay. The sheriff claimed under an attachment levied at the instance of several of the creditors of G. D. Bice, who alleged and…
2Cases cited1 opinion
- Gardom v. WoodwardSupreme Court of Kansas · 1890
3Cited by9 opinions
- State v. HandkeSupreme Court of Kansas · 1959
- State v. HetrickSupreme Court of Kansas · 1911
- Eckerd v. WeveSupreme Court of Kansas · 1911
- State v. MyersSupreme Court of Kansas · 1940
- Wood v. CusterSupreme Court of Kansas · 1912
4 more not listed; retrieve them via the Exa API.