Legal Opinion

Dayton v. People's Savings Bank

Supreme Court of Kansas

Decided January 15, 1880PublishedCited by 17 opinions

Error from Johnson District Court. Replevin brought by the People’s Savings Bank, of Olathe, against Dayton and three others, to recover the possession of certain fruit trees or nursery stock, valued at $75t>. The opinion states the facts. At the March Term, 1879, of the district court, the plaintiff had judgment against the defendants, who bring the case here.

1Opinion of the Court

*422The opinion of the court was delivered by

Hokton, C. J.:

On the 11th day of March, 1878, the People’s Saving Bank commenced an action in replevin against C. L. Dayton and others, to recover the possession of certain fruit trees or nursery stock, valued at $750. It was disclosed upon the trial that on the 23d day of November, 1875, one E. P. Diehl, being indebted to the bank, and desiring to secure the payment thereof, executed to it a chattel mortgage on the trees in controversy, then standing and growing on land belonging to a Mr. Reynolds, about three miles from Olathe, in Johnson county. The…

2Cases cited1 opinion

  1. Porter v. . ParmleyNew York Court of Appeals · 1873

3Cited by17 opinions

  1. Cameron, Hull & Co. v. MarvinSupreme Court of Kansas · 1881
  2. Union National Bank v. OiumNorth Dakota Supreme Court · 1892
  3. Frick Co. v. OatsSupreme Court of Oklahoma · 1908
  4. James Forrester & Co. v. Kearney National BankNebraska Supreme Court · 1896
  5. First National Bank v. McIntosh & Peters Live-stock & Commission Co.Supreme Court of Kansas · 1906

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