Judy v. Buck

The opinion of the court was delivered by

GRAVES, J.:

The controversy in this action arises between two mortgagees as to the possession of the same cattle. Walter Buck sold cattle to one Jackson, and took a chattel mortgage to secure the purchase-price. Jackson afterward mortgaged the cattle to the National Bank of Commerce at Garnett, Kan. The bank foreclosed its mortgage and sold the cattle to the *107defendant, Charles Judy. Jackson having defaulted in the payment of the first mortgage, Buck brought this action of replevin to recover the cattle from Judy, claiming that they were the cattle…