Shaffer v. Pickrell
Supreme Court of Kansas
Error from Franklin District Court. Replevin brought by Shaffer & Becker, partners, as plaintiffs, to recover the possession of. certain stock-hogs. The plaintiffs claimed they were the special owners of two hundred and fifty hogs, by virtue of a certain chattel mortgage executed to them by one D. B. Mott, on October 15th, 1877, and that the hogs sued for were included in said mortgage.
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Error from Franklin District Court. Replevin brought by Shaffer & Becker, partners, as plaintiffs, to recover the possession of. certain stock-hogs. The plaintiffs claimed they were the special owners of two hundred and fifty hogs, by virtue of a certain chattel mortgage executed to them by one D. B. Mott, on October 15th, 1877, and that the hogs sued for were included in said mortgage. Piekrell, as sheriff, held a writ of attachment against said Mott, at the suit of one E. V. Boissiere, and by virtue of such writ had levied on the hogs and taken them into his possession. The petition of…
1Opinion of the Court
*623The opinion of the court was delivered by
Horton, C. J.:
We think the description in the chattel mortgage of the property claimed by the plaintiffs in error sufficient, within the rule laid down in Brown v. Holmes, 13 Kas. 482. The description is: “ Two hundred and fifty stock-hogs, owned by the said D. B. Mott, in Franklin county, Kansas.” . . . “And,” the mortgage proceeds, “until default be made as aforesaid, or until such time as the said parties of the second part shall deem themselves insecure as aforesaid, the said party of the first part to continue in the peaceable possession of all…
2Cases cited2 opinions
- Brown v. HolmesSupreme Court of Kansas · 1874
- Parsons Savings Bank v. SargentSupreme Court of Kansas · 1878
3Cited by7 opinions
- Alferitz v. IngallsU.S. Circuit Court for the District of Nevada · 1897
- Williamson v. PayneSupreme Court of Virginia · 1905
- Crisfield v. NealSupreme Court of Kansas · 1887
- Sims v. MeadSupreme Court of Kansas · 1883
- Souders v. VoorheesSupreme Court of Kansas · 1887
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