Legal Opinion

Franks v. Jones

Supreme Court of Kansas

Decided January 15, 1888PublishedCited by 5 opinions

Error from Shawnee District Court. Action brought by E. D. Jones against H. B. Franks, Hattie B. Franks, now Hattie B. Foster, and Mary E. Franks. H. B. Franks has since died, and Mary E. Franks is his executrix. It has been in this court before.

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Error from Shawnee District Court. Action brought by E. D. Jones against H. B. Franks, Hattie B. Franks, now Hattie B. Foster, and Mary E. Franks. H. B. Franks has since died, and Mary E. Franks is his executrix. It has been in this court before. (Jones v. Franks, 33 Kas. 497.) The petition is in the nature of a bill to redeem property under a chattel mortgage; for an accounting, and an injunction against the disposition of the mortgaged property, taken possession of by virtue of a sale by the mortgagor to the mortgagee, which is claimed to have been fraudulent. The answer admits such sale,…

1Opinion of the Court

Opinion by

Holt, C.:

The first complaint is, that the court erred in the admission of evidence. The bill of sale given by plaintiff to H. B. Franks was recorded in the office of the register of deeds, and a duly-certified copy thereof was admitted over the objection of the defendants. A certified copy of such an instrument is not ordinarily admissible in evidence, and we believe this should not have been admitted in this case, but the error is entirely immaterial in this instance. It is averred in the petition that this bill of sale was given to secure the first note given H. B. Franks, and…

2Cases cited1 opinion

  1. Cummings v. HenryIndiana Supreme Court · 1858

3Cited by5 opinions

  1. Parker v. HamiltonSupreme Court of Oklahoma · 1915
  2. Caldwell v. BrownSupreme Court of Kansas · 1896
  3. Missouri Valley Lumber Co. v. ReidCourt of Appeals of Kansas · 1896
  4. Osborne v. DaviesSupreme Court of Kansas · 1899
  5. Barnes v. LynchSupreme Court of Oklahoma · 1899

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