Eaves v. Estes
Supreme Court of Kansas
Error from Leavenworth District Court. Eeplevin, brought by Estes & Co., as partners, as the “ Great Western Manufacturing Co.,” to recover the possession of a steam-engine. Said engine was manufactured by Estes & Co. for one Philip Koehler, to be put up and used in the Leavenworth Mills then owned by Koehler. It was so put up and used in said mills; but before taking it from the shop of the builders Koehler gave Estes & Co. a chattel mortgage on the engine.
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Error from Leavenworth District Court. Eeplevin, brought by Estes & Co., as partners, as the “ Great Western Manufacturing Co.,” to recover the possession of a steam-engine. Said engine was manufactured by Estes & Co. for one Philip Koehler, to be put up and used in the Leavenworth Mills then owned by Koehler. It was so put up and used in said mills; but before taking it from the shop of the builders Koehler gave Estes & Co. a chattel mortgage on the engine. Said mortgage was duly recorded, and contained the following stipulation: “And if the said parties of the second part shall at any time…
1Opinion of the Court
*316The opinion of the court was delivered by
Kingman, C. J.:
The defendants in error manufactured a steam-engine for Philip Koehler, and before it left their shop took a chattel mortgage upon it for the payment of the purchase-money, with a stipulation in the mortgage, of their right to take possession of the engine whenever they might deem themselves insecure, or in default of payment, and remove the same from the mill, whether it should be attached to the realty or otherwise. Eaves, the plaintiff in error, having become the purchaser of the mill and lots under a foreclosure of a mortgage thereon…
2Cases cited6 opinions
- Ford v. . CobbNew York Court of Appeals · 1859
- Walker v. ShermanNew York Supreme Court · 1839
- Lyon v. LymanSupreme Court of Connecticut · 1831
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- Vanderpoel v. Van AllenNew York Supreme Court · 1850
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3Cited by33 opinions
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