Ehrke v. Tucker

Citations

• 99 Kan. 52
• 160 P. 985

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Chattel Mortgage — Description of Cattle — Must Furnish Reasonable Basis for Identification. It is not necessary that.the description of cattle intended to be included in a chattel mortgage shall be so definite that third parties can identify the property from that alone. It is enough if the description and the inquiries suggested by it furnish a reasonable-basis for identification; but the suggestions which indicate the line of inquiry must he taken from the mortgage itself and not rest alone in the mind of the mortgagor or mortgagee.</p> <p>2. Chattel Mortgage — Insufficient Description of Property. In the present case it is held that the description of certain cattle in a mortgage, together with inquiries suggested by it, did not fairly lead to the identification of the cattle in controversy, and that as the plaintiff failed to produce substantial evidence in support of his claim that the cattle in controversy- were included in the mortgage, no error was committed in directing a verdict in favor of defendants.</p>