Legal Opinion

Emick v. Swafford

Supreme Court of Kansas

Decided July 10, 1920No. 22,418PublishedCited by 9 opinions

Appeal from Cloud district court; John C. Hogin, judge.

1Opinion of the Court

The opinion of the court was delivered by

Mason, J.:

An execution against John Ferguson was levied upon three mares and a colt as his property. C. E. Emick brought replevin against the sheriff, claiming to be entitled to the property under a chattel mortgage. Later the mortgagor and the execution creditor were also made defendants. The plaintiff obtained possession, and no redelivery bond was given. The execution of the mortgage was denied under oath. The trial of the case was begun and the plaintiff offered in evidence an instrument partly printed and partly typewritten signed by Ferguson and…

2Cases cited8 opinions

  1. Golden v. CockrilSupreme Court of Kansas · 1862
  2. Brown v. HolmesSupreme Court of Kansas · 1874
  3. International Harvester Co. of America v. ElfstromSupreme Court of Minnesota · 1907
  4. Enright v. Atchison, Topeka & Santa Fe Railway Co.Supreme Court of Kansas · 1915
  5. Crisfield v. NealSupreme Court of Kansas · 1887

3 more not listed; retrieve them via the Exa API.

3Cited by9 opinions

  1. In the Matter of Beverly L. Fuqua, Bankrupt. Arthur G. Johnson, Trustee v. First National Bank of Howard, Claimant-AppellantCourt of Appeals for the First Circuit · 1972
  2. Chanute Production Credit Assn. v. Weir Grain & Supply, Inc.Supreme Court of Kansas · 1972
  3. Clack v. ClackMontana Supreme Court · 1935
  4. In Re WerthDistrict Court, D. Kansas · 1977
  5. In re FuquaDistrict Court, D. Kansas · 1971

4 more not listed; retrieve them via the Exa API.

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