Estate of Kastner v. Norway State Bank

Citations

• 113 Kan. 106
• 212 P. 687
• 1923 Kan. LEXIS 341

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>Chattel Mortgage — Mortgage Unrecorded, — Mortgagor’s Death While in Possession of Mortgaged Property — Mortgage Valid. A bank was given a chattel mortgage to secure a loan of money, and failed to record it in the proper county. Afterwards the mortgagor died in possession of the mortgaged property, and his executor sold it in due course of administration of the estate. Held, the mortgage was a valid lien as to the executor, and entitled the mortgagee to the proceeds of the sale, as against the claims of creditors without lien or equivalent special interest at the date of the mortgagor’s death.</p>