Neerman v. Caldwell
Supreme Court of Kansas
Error from Republic District Court. Action by Caldwell & Peterson, to declare their lien on certain personal property of defendant Miller prior to that of defendant Neerman. Judgment for plaintiffs, at the January term, 1889. The defendant Neerman comes to this court.
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Error from Republic District Court. Action by Caldwell & Peterson, to declare their lien on certain personal property of defendant Miller prior to that of defendant Neerman. Judgment for plaintiffs, at the January term, 1889. The defendant Neerman comes to this court. The contention of the plaintiff in error is, that there is not one word of evidence to sustain the finding of the court that Neerman had any notice of the Caldwell & Peterson mortgage, or to justify the other findings of the court. That being true, then the court erred in overruling Neerman’s motion for a new trial, and the…
1Opinion of the Court
The opinion of the court was delivered by
Horton, C. J.:
On the 9th day of February, 1888, Caldwell & Peterson filed a petition for the purpose of settling the priorites of two chattel mortgages upon certain calves, one executed by W. K. Miller to Caldwell & Peterson, to secure the payment of $1,650, dated November 16, 1887, but not filed for record until after the execution of another mortgage by Miller to Neerman, dated December 6, 1887, to secure the payment of an old debt, amounting to $337.50, but filed for record on the day of its execution. The trial court held the Caldwell & Peterson…
2Cases cited2 opinions
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