Reeves v. Kansas Cooperative Wheat Marketing Ass'n

The opinion of the court was delivered by

Johnston, C. J.:

This action was brought by the partnership of Reeves & Mitchener against The Kansas Cooperative Wheat Marketing Association, and Edgar Westenhaver, to recover the possession of one thousand bushels of wheat in which they claimed a special ownership by virtue of a thresher’s lien.

On a trial without a jury, the court first adjudged that the action was one in replevin, and that when it was brought The Kansas Cooperative Wheat Marketing Association was not in possession of the wheat replevined, and plaintiffs could not recover against it,…