Long v. Hines
Supreme Court of Kansas
Error from Miami District Court. ON March 7, 1885, Daniel Hines executed and delivered to William and Joseph Hines, defendants in error, a chattel mortgage upon property described as follows: “ Forty acres of growing flax, and forty-five acres of growing corn, on the southwest quarter of section 7, township 19, range 22, in Miami county.”
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Error from Miami District Court. ON March 7, 1885, Daniel Hines executed and delivered to William and Joseph Hines, defendants in error, a chattel mortgage upon property described as follows: “ Forty acres of growing flax, and forty-five acres of growing corn, on the southwest quarter of section 7, township 19, range 22, in Miami county.” The consideration therein being to secure said William and Joseph Hines from loss by reason of their in-dorsement of two notes aggregating $300. Said chattel mortgage was duly filed for record on March 9, 1885. On October 21, 1885, plaintiff in error, as…
1Opinion of the Court
*218Opinion by
ClogstON, C.:
This was an action commenced by the defendants in error to recover possession of forty-five acres of corn claimed by them by virtue of a chattel mortgage executed before the corn described in the mortgage was planted or had any existence. Can this claim be upheld? We think not. A valid mortgage can only be given upon property which has an actual or potential existence; and corn not planted has neither an actual nor potential life; and being without life or existence, there could be no legal transfer, present or prospective; and no pretended transfer could operate upon…
2Cases cited5 opinions
- Cameron, Hull & Co. v. MarvinSupreme Court of Kansas · 1881
- Tomlinson v. GreenfieldSupreme Court of Arkansas · 1876
- Mowry v. WhiteWisconsin Supreme Court · 1867
- Gittings v. NelsonIllinois Supreme Court · 1877
- Weisbrod v. Chicago & North-western Railway Co.Wisconsin Supreme Court · 1866
3Cited by7 opinions
- Holt v. LucasSupreme Court of Kansas · 1908
- Danville State Bank v. MaySupreme Court of Kansas · 1928
- Robinson v. StricklinNebraska Supreme Court · 1905
- J. I. Case Threshing Machine Co. v. Glass & Bryant Mercantile Co.Supreme Court of Colorado · 1924
- T. B. Townsend Brick & Contracting Co. v. AllenSupreme Court of Kansas · 1900
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