McCartney v. Wilson
Supreme Court of Kansas
Error from Sedgwiolc District Court. Replevin, brought by Mrs. Wilson, to recover possession of a span of horses, alleged to have been wrongfully taken and wrongfully detained by McCartney. All necessary facts are stated in the opinion of the court. Trial at the March Term 1875 of the district court. Judgment for plaintiff, and McCartney brings the case here on error..
1Opinion of the Court
The opinion of the court was delivered by
Valentine, J.:
This was an action of replevin brought by Mary J. Wilson against J. W. McCartney. The property in controversy belonged to Mrs. Wilson, but McCartney claimed to be entitled to the possession thereof by virtue of a certain chattel mortgage executed by Mrs. Wilson to himself to secure the payment of a certain promissory.note. The mortgage stipulated among other things, that the property should remain in the possession of Mrs. Wilson until default should be made in the payment of said note, unless Mrs. Wilson should sell or offer to sell the…
2Cited by3 opinions
- State v. DaughertySupreme Court of Kansas · 1901
- Cummings v. City of HuntsvilleSupreme Court of Alabama · 1926
- Kelley v. Tillamook CountyOregon Supreme Court · 1923