Central Kansas Motor Co. v. Kline

Citations

• 109 Kan. 227
• 198 P. 949
• 1921 Kan. LEXIS 111

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Sale of Automobile — Title Note Given — Title Note Must Be Signed by Purchaser. A title note given for the purchase of personal property, to constitute a valid lien thereon as against subsequent innocent third parties, must be executed by the purchaser, not by a third party who is not a purchaser.</p> <p>2. Same — Title Note on Record — Liability of One Who Obtains Possession of the Automobile. A purchaser, or one who obtains possession, of personal property on which there is a lien evidenced by a duly recorded title' note, is not personally liable on the note where his name does not appear thereon, and he has not in any way agreed to pay it.</p> <p>3. Same — Junior Lienholder — Paying for Repairs — No Subrogation. A junior lienholder who, without the knowledge of prior lienholders takes possession of a wrecked automobile and causes it to be repaired and pays for the repairs, is not entitled to be subrogated to the repairman’s lien rights.</p>