Legal Opinion

Bailey v. Long

Supreme Court of Kansas

Decided July 15, 1880PublishedCited by 5 opinions

Error from Doniphan District Court. Repel yin brought by Long, against Bailey (constable), to recover the possession of certain corn. The facts are stated in the opinion. Trial at the March Term, 1877, of the district court, and judgment for the plaintiff. The defendant, Bailey, brings the case here. Under the facts found by the court, the agreement between T. W. Bailey and J. S. Long was an executory agreement, and not an absolute sale.

Read the full summary

Error from Doniphan District Court. Repel yin brought by Long, against Bailey (constable), to recover the possession of certain corn. The facts are stated in the opinion. Trial at the March Term, 1877, of the district court, and judgment for the plaintiff. The defendant, Bailey, brings the case here. Under the facts found by the court, the agreement between T. W. Bailey and J. S. Long was an executory agreement, and not an absolute sale. The title to the property remained in T. W. Bailey, and was subject to the levy of an execution against his property. (Benjamin on Sales, 2d ed., §§308, 309,…

1Opinion of the Court

The opinion of the court was delivered by

Brewer, J.:

This was an action of replevin for corn, and the question is, whether defendant in error had acquired title to said corn by an agreement with one T. W. Bailey, the former owner, or was it still the property of said T. W. Bailey, and subject to levy on an execution against him ? The case was tried by the court, without a jury. Special findings of fact were made in favor of the plaintiff, defendant in error. The testimony has not been preserved, and the case stands before us on the pleadings, findings, and judgment. The findings of fact and…

2Cases cited1 opinion

  1. Brimm v. LongSupreme Court of Kansas · 1879

3Cited by5 opinions

  1. Howell v. PughSupreme Court of Kansas · 1882
  2. Stewart v. Henningsen Produce Co.Supreme Court of Kansas · 1913
  3. Heirshberg v. SlaterSupreme Court of Oklahoma · 1992
  4. Heirshberg v. SlaterSupreme Court of Oklahoma · 1992
  5. Larkin v. JohnsonCourt of Appeals of Kansas · 1898

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API