Colean Manufacturing Co. v. Johnson

Citations

• 82 Kan. 655
• 109 P. 403
• 1910 Kan. LEXIS 318

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Replevin- — Capacity of Plaintiff to Sue — Exempt Property— Burden of Proof. In an action of replevin, brought by a. mortgagee to recover the possession of property under a chattel mortgage given to secure the payment of certain notes, where the mortgagor admits the execution of the notes, and mortgage and defends only upon the grounds that the-mortgagee has no right to maintain the action and the property is exempt, the court does not err in placing the burden, of propf as to the contested issues upon the mortgagor.</p> <p>2. -Possession Retained by Plaintiff, Who Prevails— Alternative Judgment for Value of Property. When the mortgaged property is seized under the writ of replevin, and the possession of the same is retained by the plaintiff up to the time of judgment in his favor, there is no necessity for rendering an alternative judgment that the plaintiff shall recover the value of the property in case a return thereof can not be had.</p> <p>3. --- General Denial — Defenses Provable — Capacity of Plaintiff to Sue. Under a general denial in a replevin action the defendant may defeat a recovery by the plaintiff by showing that it is a foreign corporation without authority to carry on business in the state and is not entitled to maintain that or any other action in the courts of the state.</p>