Whitson v. Griffis
Supreme Court of Kansas
Error from Chase District Court. Action brought by Whitson against Gh'iffis, as sheriff of Chase county, to recover the possession of a stock of goods in which plaintiff alleged that he had a special ownership.
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Error from Chase District Court. Action brought by Whitson against Gh'iffis, as sheriff of Chase county, to recover the possession of a stock of goods in which plaintiff alleged that he had a special ownership. At and before December 28, 1885, one M. E. Breese was the: owner and in possession of a store at Cottonwood Falls, in said county, upon which day she executed to the plaintiff a chattel mortgage on all the stock of goods and fixtures contained therein, to secure the payment of a promissory note executed to him for the sum of $900, payable three months after date. Said chattel mortgage…
1Opinion of the Court
*213Opinion by
Clogston, C.:
This was an action in replevin, to recover the possession of a stock of goods and fixtures claimed by the plaintiff by virtue of a chattel mortgage executed by his stepdaughter, one M. E. Breese, to secure an indebtedness due from her of $900. The defendant levied upon said goods by virtue of an order of attachment, as the property of Mrs. Breese. The sole question in issue was as to the validity of this mortgage by which plaintiff claimed his right of possession. Plaintiff complains of the instructions of the court to the jury, and the refusal to instruct as requested…
2Cases cited3 opinions
- Frankhouser v. EllettSupreme Court of Kansas · 1879
- Arn v. HoersemanSupreme Court of Kansas · 1881
- Howard v. Rohlfing & Co.Supreme Court of Kansas · 1887
3Cited by11 opinions
- Ephraim v. KelleherWashington Supreme Court · 1892
- Potts v. RubesamSupreme Court of Oklahoma · 1915
- Noyes v. RossMontana Supreme Court · 1899
- Hardcastle v. HardcastleSupreme Court of Kansas · 1930
- F. Meyer Boot & Shoe Co. v. C. Shenkberg Co.South Dakota Supreme Court · 1899
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