Throop v. Maiden
Supreme Court of Kansas
Error from Butler District Court. EepleviN by Maiden against Schram, as sheriff, and Throop, as deputy sheriff. At the March term, 1890, the plaintiff had judgment, and defendants come to this court. The facts appear in the opinion. Whether the plaintiff was entitled to a recovery under the landlord’s lien, or under the chattel mortgage, or not at all, was a question of fact, and, being such, it should have been submitted to the jury.
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Error from Butler District Court. EepleviN by Maiden against Schram, as sheriff, and Throop, as deputy sheriff. At the March term, 1890, the plaintiff had judgment, and defendants come to this court. The facts appear in the opinion. Whether the plaintiff was entitled to a recovery under the landlord’s lien, or under the chattel mortgage, or not at all, was a question of fact, and, being such, it should have been submitted to the jury. It will not be seriously contended that there was an actual and continued change of possession of the crop mortgaged. Hence, under the statutes, the mortgage…
1Opinion of the Court
The opinion of the court was delivered by
JoHNSTON, J.:
This was an action of replevin brought by Jacob B. Maiden against Charles Schram, as sheriff of Butler county, and Charles Throop, his deputy, to recover the possession of 24 acres of corn which had been grown upon the farm of Maiden. On February 12, 1889, this farm was leased by Maiden to one Carleton until March of the following year, for a cash rental of $130, of which $65 was payable on the 1st day of December, 1889, and the balance on the 1st day of March, 1890. By the terms of the written lease, it was agreed that the payment of the…
2Cases cited2 opinions
- Crisman v. DorseySupreme Court of Colorado · 1889
- Lyeth v. GriffisSupreme Court of Kansas · 1890
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