Wolfley v. Rising
Supreme Court of Kansas
Error from Nemaha District Oov/rt. Eeplevin, brought by Rising & Sonto recover the possession of five yoke of work oxen. Both parties claimed the cattle under contracts made with one E. Gr.
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Error from Nemaha District Oov/rt. Eeplevin, brought by Rising & Sonto recover the possession of five yoke of work oxen. Both parties claimed the cattle under contracts made with one E. Gr. Smith; the Risings, by virtue of a chattel mortgage executed by Smith to them on the 9th of August, 1870;' Wolfley, by virtue of a sale made by Smith to him on the 25th of July, 1870. Wolfley paid $123 for the property at the time of bis purchase, but did not take possession of the cattle until some time after the mortgage was given by Smith to the Risings. The action was tried at the April Term, 1871. The…
1Opinion of the Court
The opinion of the court was delivered by
Brewer, J.:
Defendants in error brought an action of replevin to recover of plaintiff in error the possession of certain cattle. They obtained judgment, to reverse which this action is brought. They claimed title by virtue of a chattel mortgage, and as in our judgment the case hinges upon that instrument, we shall forbear any discussion of the many other questions presented by counsel in their briefs.
*300i. Principal and tlorized nai1 agent. “ y *299The bill of exceptions states that “it was proved” that these cattle were the property of the “Mutual Land…
2Cited by2 opinions
- Wolfley v. RisingSupreme Court of Kansas · 1874
- Birks v. FrenchSupreme Court of Arkansas · 1878