Central National Bank v. Brecheisen

Citations

• 65 Kan. 807
• 70 P. 895
• 1902 Kan. LEXIS 139

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Replevin — Action on Bond — Estoppel. A bank was plaintiff in a replevin action. No summons was issued until the day following that on whioh it obtained possession of the property under the writ. It then dismissed the action without prejudice. Held, that, when sued on the replevin bond, the bank and its sureties were estopped from asserting that there was no action pending at the time the property was taken.</p> <p>2. Chattel Mortgage — Immaterial Variance. An immaterial variance between a copy of a chattel mortgage filed with the register of deeds and the original will not destroy the mortgage lien.</p> <p>3. -Priority of Agister's Lien. A lien created by contract between the mortgagor of live stock and an agister will not prevail over a prior chattel mortgage. To give such priority, the lien given by section 3931, General Statutes of 1901, must exist.</p>