Smith v. Kansas Transport Co.

The opinion of the court was delivered by

Parker, J.:

This was an action for equitable foreclosure of a chattel mortgage in which the plaintiff recovered and the defendant appeals.

The facts giving rise to the controversy, as well as the issues involved in the court below, are so unusual that they can be understood only by reference to the pleadings.

Plaintiff, a resident of Colorado, commenced the action against defendant, a Kansas corporation, by filing a petition-in the district court of McPherson county in which he alleged in substance that he had a first and prior lien on a certain motor…