Frankhouser v. Ellett
Supreme Court of Kansas
Error from Osage District Court. Replevin, brought by Ellett against Frankhouser, sheriff of Osage county, to recover certain goods and chattels taken by said sheriff by virtue of a writ of attachment issued by B. N. Wyatt, a justice of the peace of that county, in a certain action pending before said justice, wherein Tenant, Walker & Co. were plaintiffs, and C. J. Kendall was defendant.
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Error from Osage District Court. Replevin, brought by Ellett against Frankhouser, sheriff of Osage county, to recover certain goods and chattels taken by said sheriff by virtue of a writ of attachment issued by B. N. Wyatt, a justice of the peace of that county, in a certain action pending before said justice, wherein Tenant, Walker & Co. were plaintiffs, and C. J. Kendall was defendant. The case was appealed, and tried at the April Term, 1877, of the district court, by the court, upon an agreed statement of facts. Findings and judgment for the plaintiff. Frankhouser brings the case here for…
1Dissent
Horton, C. J.:
I do not concur in the decision in this case. I am clearly of the opinion that a chattel mortgage upon a stock of goods in trade, which permits by its conditions the mortgagor to remain in possession of the property, •and to dispose of it by sale, in due course of trade, until the maturity of the debt proposed to be secured by it, is fraudulent in law as to the creditors of the person making the same, .and as to subsequent purchasers, and is absolutely null and void as to them, without reference to the bona fides of the mortgage debt, or the intention of the mortgagor as to…
2Cases cited22 opinions
- Robinson v. ElliottSupreme Court of the United States · 1875
- Gardner v. . McEwenNew York Court of Appeals · 1859
- Edgell v. . HartNew York Court of Appeals · 1853
- Russell v. . WinneNew York Court of Appeals · 1868
- Horton v. WilliamsSupreme Court of Minnesota · 1875
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