Souders v. Voorhees
Supreme Court of Kansas
Error from Marshall District Court. Action brought by W. L. Souders before a justice of the peace, to recover the possession of a quantity of corn which he claimed by virtue of a chattel-mortgage lien, and which had been levied on and taken possession of by Jacob R. Voorhees, as sheriff, under an execution and attachment. The trial resulted in favor of the plaintiff.
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Error from Marshall District Court. Action brought by W. L. Souders before a justice of the peace, to recover the possession of a quantity of corn which he claimed by virtue of a chattel-mortgage lien, and which had been levied on and taken possession of by Jacob R. Voorhees, as sheriff, under an execution and attachment. The trial resulted in favor of the plaintiff. The defendant appealed the case to the district court-, whei-e it was tried by the court at the August Term, 1884, upon an agreed statement of facts, which were as follows: “1. This action was commenced November 7, 1883, before…
1Opinion of the Court
The opinion of the court was delivered by
Johnston, J.:
The plaintiff brought replevin to recover the possession of six hundred bushels of corn, which the defendant, as sheriff, had levied on, and was holding under an attachment and an execution. In 1883, Thomas Burnside was the owner of a growing crop of corn, and on September 18,1883, he executed a chattel mortgage upon a portion of the growing corn to secure the payment of $119.75 which he owed to the plaintiff. In the following month the corn was seized by the defendant; and the validity and regularity of the process under which it was…
2Cases cited9 opinions
- Brown v. HolmesSupreme Court of Kansas · 1874
- Parsons Savings Bank v. SargentSupreme Court of Kansas · 1878
- Muir v. BlakeSupreme Court of Iowa · 1882
- Mills v. Kansas Lumber Co.Supreme Court of Kansas · 1881
- Richardson v. Alpena Lumber Co.Michigan Supreme Court · 1879
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3Cited by8 opinions
- Parker v. ChaseSupreme Court of Vermont · 1890
- Walter A. Wood M. & R. M. Co. v. Minneapolis & N. E. Co.Supreme Court of Minnesota · 1892
- Reeves & Co. v. BrownSupreme Court of Kansas · 1909
- Wattles v. CobbNebraska Supreme Court · 1900
- Franklin v. JenningsSupreme Court of Kansas · 1928
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