Sparks v. Galena National Bank
Supreme Court of Kansas
. Error from Cherokee district court; A. H. _Skid-more, judge. STATEMENT. ' This was an action of replevin to recover possession «of zinc ore of the alleged value of $1475.79, taken from :-a mine originally leased and operated by E. B. Shackel-vton and Richard Ward. While operating it they incurred, indebtedness which has not been paid.
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. Error from Cherokee district court; A. H. _Skid-more, judge. STATEMENT. ' This was an action of replevin to recover possession «of zinc ore of the alleged value of $1475.79, taken from :-a mine originally leased and operated by E. B. Shackel-vton and Richard Ward. While operating it they incurred, indebtedness which has not been paid. They sold, or undertook to sell, their interest, E. B. Shackel- . ton transferring his share to his wife, C. M. Shackel-ton, and Richard Ward transferring his share to his sister, Maggie Ward. After the transfer the vendees obtained a loan of money from the…
1Opinion of the Court
T.he opinion of the court was' delivered by
JohnstoN, C. J. :
The principal question determined in this case was the validity of the sale of the inining property by E. B. Shackelton to his wife and by Richard Ward to his sister, as upon that sale the *151validity of the mortgage of the Galena National Bank depends. The general verdict in favor of the bank in question acquits the vendors of the property of any bad faith or fraud in the transaction. No special questions as to their good faith and honesty were ■submitted to the jury, but the general finding covers those as well as all other elements…
2Cases cited4 opinions
- Wilson v. FullerSupreme Court of Kansas · 1872
- Solomon Railroad v. JonesSupreme Court of Kansas · 1885
- Hite v. StimmellSupreme Court of Kansas · 1891
- Charles P. Kellogg Co. v. HorkeyNebraska Supreme Court · 1901
3Cited by8 opinions
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- Sun Insurance Office v. Western Woolen-mill Co.Supreme Court of Kansas · 1905
- State v. RennakerSupreme Court of Kansas · 1907
- City of Arkansas City v. AndersonCourt of Appeals of Kansas · 1991
- Tebay Land & Livestock Co. v. HastieMontana Supreme Court · 1922
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