McPheeters v. Birk
Supreme Court of Kansas
Error from Coffey District Court. The opinion states the facts. Verdict and judgment for defendant, Birk, at the July term, 1889. Plaintiff, McPheeters, brings the case here.
1Opinion of the Court
Opinion by
Green, C.:
David N. MoPheeters brought an action of replevin against Valentine Birk, in the district court of Coffey county, to recover certain specific personal property which had been mortgaged by Birk to John Seiferlein on the 20th day of May, 1887, to secure the payment of the sum of $280 and interest. On the 16th day of May, 1888, the note and chattel mortgage were assigned to MoPheeters, who commenced this action on the 18th of July, 1888. The property was taken by the sheriff of Coffey county and delivered to the *785plaintiff, wbo sold the same at chattel-mortgage sale on the 5th…
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