Marshall v. Van De Mark
Supreme Court of Kansas
Error from Cloud District Court, lion. F. W. Siurges, Judge. Ti-ixs action was brought by C. W. Van De Mark against Edward Marshall, Sheriff of Cloud County, and others to recover the value of a stock of merchandise, claimed by the plaintiff as assignee of Mottin Brothers, which had been taken from the plaintiff’s possession by the-Sheriff under divers writs of attachment issued against Mottin Brothers'. A jury was waived, and the Court made special findings of fact and…
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Error from Cloud District Court, lion. F. W. Siurges, Judge. Ti-ixs action was brought by C. W. Van De Mark against Edward Marshall, Sheriff of Cloud County, and others to recover the value of a stock of merchandise, claimed by the plaintiff as assignee of Mottin Brothers, which had been taken from the plaintiff’s possession by the-Sheriff under divers writs of attachment issued against Mottin Brothers'. A jury was waived, and the Court made special findings of fact and conclusions of law, some of which were in answer to special questions submitted by counsel for the defendant. The method…
1Opinion of the CourtAllen, J.
*3081.Assignment not invalidated by synchronous void mortgages. 2. Policy of law to uphold assignments and protect against frauds. *307It is strenuously insisted for the plaintiffs in error that the two chattel mortgages executed by Mottin Brothers to Van De Mark Brothers were-fraudulent; that there was also a fraudulent retention of property under claims of exemption from *308execution; and that these are sufficient to poison, contaminate and render void the whole assignment. In the suits in which the attachments were issued under which the Sheriff seized the goods, a motion was made to discharge the…
2Cases cited4 opinions
- Jones v. Charles P. Kellogg & Co.Supreme Court of Kansas · 1893
- Chapin v. JenkinsSupreme Court of Kansas · 1893
- Watkins National Bank v. SandsSupreme Court of Kansas · 1892
- Shellabarger v. MottinSupreme Court of Kansas · 1891
3Cited by3 opinions
- Massey-Harris Co. v. RichMissouri Court of Appeals · 1938
- Sturtevant v. SarbachSupreme Court of Kansas · 1897
- Marlin v. TeichgraeberSupreme Court of Kansas · 1901