Emick v. Swafford

Citations

• 107 Kan. 209
• 191 P. 490
• 1920 Kan. LEXIS 47

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Chattel Mortgage — Mutual Mistake — Reformation in Replevin Action. In a suitable case a chattel mortgage may be reformed for mutual mistake, in an action of replevin based thereon.</p> <p>2. Same — -Executed in Duplicate — Mistake — Reformation. Where a chattel mortgage is executed in duplicate, the mortgagor signing both papers, one being filed with the register of deeds, the other, which is retained by the mortgagee, may be reformed by the restoration of words printed in the blank form through which a line had inadvertently been drawn, such reformation being made effective as to execution creditors as well as to the mortgagor.</p> <p>3. Same — Each Duplicate Copy an Original. In the situation stated each paper is an original, and the instrument filed with the register could be enforced without a formal correction of the other.</p> <p>4. Same — -Property Sufficiently Described. A chattel mortgage is not void for want of a more definite description, which describes the property covered as all the personalty of every kind owned by the mortgagor, and shows that it is in his possession and in a certain county.</p> <p>5. Replevin — Demurrer to Petition Erroneously Sustained. Inasmuch as the sustaining of a demurrer to the petition in a replevin case is held to have been erroneous, there is no occasion for reviewing the refusal of the court thereupon to inquire into the right of the de- ■ fendants to a return of the property.</p>