Wolfley v. Rising
Supreme Court of Kansas
Error from Nemaha District Court. Eeplevin, brought by Rising. & Son. The facts, and the mortgage under which Rising & Son claimed the oxen in controversy, are fully stated in the report of this case, when first here, (8 Kas., 297, 300.) This court sent the case back for a new trial, and such trial was had at. the April Term 1873 of the district court. Verdict and judgment for Rising & Son, and defendant Wolfley brings the case here on error.
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Error from Nemaha District Court. Eeplevin, brought by Rising. & Son. The facts, and the mortgage under which Rising & Son claimed the oxen in controversy, are fully stated in the report of this case, when first here, (8 Kas., 297, 300.) This court sent the case back for a new trial, and such trial was had at. the April Term 1873 of the district court. Verdict and judgment for Rising & Son, and defendant Wolfley brings the case here on error. The facts upon which a motion to strike out certain irrelevant matter appearing in the record brought to this court, was based, are stated in a separate…
1Opinion of the Court
*536The opinion of the court was delivered by
Brewer, J.:, ,,, , pof&s)o®?of° piopeiiy. This case has been once before in this court. (Wolfley v. Rising, 8 Kas., 297.) On a second trial in the district court defendants in error again obtained judgment, and now plaintiff in error alleges- that the second judgment is erroneous. The action was one in replevin. The defendants in error claimed title by virtue of a mortgage, the plaintiff in error by virtue of a sale. The mortgage was of personal property; but the form used was that of a real estate mortgage. The note secured was not due at the date of…
2Cases cited3 opinions
- Wilson v. FullerSupreme Court of Kansas · 1872
- Butler v. KaulbackSupreme Court of Kansas · 1871
- Wolfley v. RisingSupreme Court of Kansas · 1871
3Cited by14 opinions
- Union National Bank v. Moline, Milburn & Stoddard Co.North Dakota Supreme Court · 1897
- National Bank of Commerce v. FeeneySouth Dakota Supreme Court · 1897
- Carson v. FunkSupreme Court of Kansas · 1882
- Kennett v. Peters & Co.Supreme Court of Kansas · 1894
- Mertz v. HubbardSupreme Court of Kansas · 1907
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