Campbell v. Killion

The opinion of the court was delivered by

Harvey, J.:

This is an action in replevin by a mortgagee. A Mrs. Zillman owned and operated a café in Garden City. On November 13, 1925, she mortgaged the' furniture and fixtures in the café to plaintiff to secure indebtedness to him of $1,725. Plaintiff did not *125record this mortgage until May 22, 1926. By that time Mrs. Zillman had become indebted to the bank $220 on her note, and to H. M. Knox $300, and R. M. Wilkins $64.20 on account. About June 1, 1926, Mrs. Zillman apparently abandoned the café and left Garden City. On June 3 the bank, Knox and…