Legal Opinion

Youngberg v. Walsh

Supreme Court of Kansas

Decided November 11, 1905No. 14,299PublishedCited by 14 opinions

Error from Franklin district court; Charles A. Smart, judge. STATEMENT. The district court, at the trial of this case, made the following findings of fact and conclusions of law: “FINDINGS OF FACT.

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Error from Franklin district court; Charles A. Smart, judge. STATEMENT. The district court, at the trial of this case, made the following findings of fact and conclusions of law: “FINDINGS OF FACT. “(1) On the 29th day of November, 1901, one J. B. Lockwood sold a stock of drugs, then located in Ottawa, to the defendant, J. E. Youngberg, and executed and delivered to him a bill of sale of that date, which bill of sale was recorded by Youngberg in the office of the register of deeds on February 10, 1902, the original paper remaining in the office of the register of deeds until June 11, 1902, at…

1Opinion of the Court

The opinion of the court was delivered by

Graves, J.:

In this case three propositions are presented. First, did the transaction of June 11, 1902, between Walsh, Lockwood and Youngberg convey any interest in the property to Walsh? So far as the bill of sale and mortgage of November 29, 1901, which were delivered to Walsh, are concerned, probably not; but the bill of sale from Youngberg to Walsh, having been delivered with the intention upon the part of all the parties interested that it should give to Walsh a lien upon the property therein described, must, as we think, be regarded as equivalent…

2Cases cited9 opinions

  1. Cameron, Hull & Co. v. MarvinSupreme Court of Kansas · 1881
  2. Dempsey v. PforzheimerMichigan Supreme Court · 1891
  3. McVay v. EnglishSupreme Court of Kansas · 1883
  4. Utley v. FeeSupreme Court of Kansas · 1885
  5. Gagnon v. N. B. Brown & Co.Supreme Court of Kansas · 1891

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3Cited by14 opinions

  1. Heal v. Evans Creek Coal & Coke Co.Washington Supreme Court · 1912
  2. Big Four Implement Co. v. WrightCourt of Appeals for the Eighth Circuit · 1913
  3. Geiser Manufacturing Co. v. MurraySupreme Court of Kansas · 1911
  4. Moore v. ChilsonArizona Supreme Court · 1924
  5. Great Western Stage Equipment Co. v. IlesCourt of Appeals for the Tenth Circuit · 1934

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

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