Cornwell v. Moss

The opinion of the court was delivered by •

Johnston, C. J.:

This was an action of replevin brought by W. H. Cornwell to recover some live stock taken by The Farmers and Merchants National Bank of El Dorado, under a chattel mortgage. This is the second trial of the cause, an appeal having been taken from the judgment on the first trial. (Cornwell v. Moss, 95 Kan. 229, 147 Pac. 824.) At the last trial the jury found the plaintiff to be the owner of an undivided half interest in the property, valuing his interest at $383.50, and assessed damages in the sum of $671.50 because the bank wrongfully…