Legal Opinion

Turner v. Reese

Supreme Court of Kansas

Decided January 15, 1879PublishedCited by 7 opinions

Error from Montgomery Eistriet Court. The facts in this case are substantially as. follows: On or' about the 13th day of January, 1876, the plaintiffs in error,. by virtue of a chattel mortgage given by one B. Grubb to T. O. Ford, and by him assigned to said plaintiffs in error, took possession .of a certain lot of corn, grown on one hundred acres of land in Montgomery county.

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Error from Montgomery Eistriet Court. The facts in this case are substantially as. follows: On or' about the 13th day of January, 1876, the plaintiffs in error,. by virtue of a chattel mortgage given by one B. Grubb to T. O. Ford, and by him assigned to said plaintiffs in error, took possession .of a certain lot of corn, grown on one hundred acres of land in Montgomery county. Thereupon the defendant in error, on January 15, 1876, commenced an action in replevin, in the district court of said county, against Wm. E. Otis, one of the plaintiffs in error, to recover the possession of said corn,…

1Opinion of the Court

The opinion of the court was delivered by

Horton, C. J.:

Upon the trial of this case, the plaintiff in error offered in evidence the papers in case No. 26, of Reese v. Turner & Otis, then pending in said court; ■ and thereupon said Reese admitted that said actions Nos. 26 and 86 wei’e both between the same parties plaintiff and defendant, and for the identical property, and that the action commenced January 15th, 1876, was then still undetermined; that at the time of the commencement of said action of June 9th, 1876, said Turner & Otis were in the possession of said property, and that said…

2Cases cited1 opinion

  1. Kayser v. BauerSupreme Court of Kansas · 1869

3Cited by7 opinions

  1. Farmers' State Bank of Arkansas City v. StephensonSupreme Court of Oklahoma · 1909
  2. McKinney v. PurcellSupreme Court of Kansas · 1882
  3. Richardson v. PennySupreme Court of Oklahoma · 1897
  4. Hulme v. DiffenbacherSupreme Court of Kansas · 1894
  5. Sherburne v. StrawnSupreme Court of Kansas · 1893

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