Legal Opinion

Adams v. Hill

Supreme Court of Kansas

Decided January 15, 1873PublishedCited by 8 opinions

Dh'ror from, Shawnee District Court. Replevin brought by Hill & George to recover the possession of a horse. Plaintiffs claimed title to the horse by virtue of a chattel mortgage given to them by one Davis. Adams was in possession of the horse at the commencement of the suit, and claimed title thereto in virtue of an advancement made to Davis for which he held the horse as security.

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Dh'ror from, Shawnee District Court. Replevin brought by Hill & George to recover the possession of a horse. Plaintiffs claimed title to the horse by virtue of a chattel mortgage given to them by one Davis. Adams was in possession of the horse at the commencement of the suit, and claimed title thereto in virtue of an advancement made to Davis for which he held the horse as security. When the mortgage was given Davis was in possession, and the mortgage was duly filed and recorded in the office of register of deeds. Default being made in the condition of the mortgage, Hill & George demanded…

1Opinion of the Court

The opinion of the court was delivered by

Valentine, J.:

Where a chattel mortgage for a horse owned and kept in the county where the mortgage is executed describes the horse as follows, to-wit: “ One dark bay horse, fifteen hands high, heavy made) with black mane, tail and legs, (the closer to the hoofs the blacker the legs;) star in the forehead on a level with the eyes, and ranging upwards; stripe on the nose extending to both lips; a little white streak on the withers, and a little sunk just behind the withers;” and where the mortgage is in every other respect valid, and in due form, and…

2Cited by8 opinions

  1. Mendenhall v. KratzWashington Supreme Court · 1896
  2. Mitchell v. Guaranty State Bank of OkmulgeeSupreme Court of Oklahoma · 1918
  3. Schmidt v. BenderSupreme Court of Kansas · 1888
  4. Griffiths v. Wheeler & BarberSupreme Court of Kansas · 1883
  5. Scrafford v. GibbonsSupreme Court of Kansas · 1890

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