Beall v. Spear

Citations

• 106 Kan. 690
• 189 P. 938
• 1920 Kan. LEXIS 633

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Chattel Mortgages — TJnplanted Crop — Enforceable between Original Parties A chattel mortgage upon an unplanted crop, which is afterwards planted and grown, may be enforced as between the original parties, where no rights of third persons are thereby affected.</p> <p>2. Same — Not Signed by Wife — Property Exempt. Evidence concerning a crop held to show prima facie that it was exempt, and therefore to raise an issue as to the validity of a mortgage upon it not signed by the wife of the owner.</p> <p>3. Replevin — Demand—Costs. In replevin, where the right of the plaintiff to possession is established, the matter of demand having been made prior to the bringing of th'e action can be material only upon the question whether costs should be taxed to the defendant.</p> <p>4. Same — Personal Judgment. An objection to the rendition of a personal judgment held to be without foundation in fact.</p> <p>5. Trial — Interpreter for Witness Refused — No Error. Where an Indian upon being called to the stand fails to respond to questions, and an application for the use of an interpreter is overruled, the judge stating that he has reliable information that it is unnecessary, it is incumbent upon a party complaining of such ruling to produce evidence that the witness cannot speak and understand English.</p>