Kennett v. Peters & Co.
Supreme Court of Kansas
Error from, Clay District Court. On the 22d day of September, 1888, Homer Kennett commenced his action against Peters & Co., Elisha Parker, William Parker, and Charles W. Lord, and in his petition alleged: “ Plaintiff says that he is and was the owner and entitled to the possession of 36 head of steers, one and two years old, of the value of $850; 29 head of hogs, of the value of $260;. 10 cows, of the value of $200; 6 calves, of the value of $70;. and 2 bulls, of the value…
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Error from, Clay District Court. On the 22d day of September, 1888, Homer Kennett commenced his action against Peters & Co., Elisha Parker, William Parker, and Charles W. Lord, and in his petition alleged: “ Plaintiff says that he is and was the owner and entitled to the possession of 36 head of steers, one and two years old, of the value of $850; 29 head of hogs, of the value of $260;. 10 cows, of the value of $200; 6 calves, of the value of $70;. and 2 bulls, of the value of $50; all of the total value of' $1,430. On or about the 11th day of September the defendants unlawfully obtained…
1Opinion of the Court
*121The opinion of the court was delivered by
Horton, C. J.:
It is claimed that the petition does not state facts sufficient to constitute a cause of action, and that, under an allegation of general ownership, a chattel mortgage permitting the property to remain in possession of the mortgagor until default in payment of the debt secured thereby is not evidence to sustain the same. The points are well taken. The petition fails to state that the plaintiff was the owner of or in the possession of the property on the date of the conversion; fails to state that the plaintiff was entitled to the…
2Cases cited12 opinions
- Wilson v. FullerSupreme Court of Kansas · 1872
- Owens v. WeedmanIllinois Supreme Court · 1876
- Wolfley v. RisingSupreme Court of Kansas · 1874
- Kern v. WilsonSupreme Court of Iowa · 1887
- Kilpatrick-Koch Dry-Goods Co. v. Kahn Bros.Supreme Court of Kansas · 1894
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3Cited by17 opinions
- Dalton v. HillSupreme Court of Kansas · 1950
- Johnson v. State BankSupreme Court of Kansas · 1898
- Amos v. StockertWest Virginia Supreme Court · 1899
- Hunt v. First National BankOregon Supreme Court · 1921
- Clark v. Farmers' State BankSupreme Court of Oklahoma · 1915
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