Kneeland v. Renner
Court of Appeals of Kansas
Memorandum. — Error from Jewell district court; Cyrus PIeren, judge. Action in replevin by Noah A. Renner against L. D. Kneeland, as constable of Burr Oak township, Jewell county. Judgment for plaintiff. Defendant brings the case here.
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Memorandum. — Error from Jewell district court; Cyrus PIeren, judge. Action in replevin by Noah A. Renner against L. D. Kneeland, as constable of Burr Oak township, Jewell county. Judgment for plaintiff. Defendant brings the case here. The statement of the case, as made by Gilkeson, P. J., is as follows ; This was an action in replevin brought by Noah A. Renner against L. D. Kneeland, as constable of Burr Oak township, in Jewell county, to recover the possession of two colts, upon which the defendant, as such constable, had levied as the property of one John Laird. As a statement of facts in…
1Opinion of the Court
*454The opinion of the court was delivered by
Gilkeson, P. J. :
There is but one question in this case which requires our attention, the answering of which determines all other issues in the case. Did the title and ownership of the property in question pass to Renner at the time the contract was made, February 8, 1890? This we must answer in the affimative.
The rule is, in sales of personal property, that the title passes at once on the sale, if such is the intention of the parties, though the seller is afterward to make a delivery of the goods sold. This intent may be expressly declared, or it may…
2Cases cited5 opinions
- Richmond Mortgage & Loan Corp. v. Wachovia Bank & Trust Co.Supreme Court of the United States · 1937
- Backus v. ClarkSupreme Court of Kansas · 1863
- Gibbs v. GibbsSupreme Court of Kansas · 1877
- Howell v. PughSupreme Court of Kansas · 1882
- Westerman v. EvansCourt of Appeals of Kansas · 1895
3Cited by3 opinions
- United States v. Amalgamated Sugar Co.Court of Appeals for the Tenth Circuit · 1934
- Noble v. HunterCourt of Appeals of Kansas · 1896
- Seldomridge v. Farmers & Merchants BankNebraska Supreme Court · 1910