First National Bank v. Venard

Citations

• 109 Kan. 15
• 197 P. 877
• 1921 Kan. LEXIS 67

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Replevin by Mortgagee — Property Wrongfully Retained by Plaintiff —Nature of Judgment to be Rendered. In an action of replevin where a mortgagee wrongfully seized the property of the defendant and retained possession of the same until after the trial of the action wherein the defendant claimed the value of the property only, a judgment not in the alternative but only for the value of the property so wrongfully seized and withheld' is not substantially erroneous.</p> <p>2. Same — Chattel Mortgage Given for Purchase Money — Priority of Lien Over Claim of Exemptions. Where money is loaned for the purchase of property and a mortgage is executed by the purchaser upon it to secure the payment of the lien, it is to be regarded as a purchase-money mortgage, and the purchaser takes the property charged with the lien. The wife of the purchaser and mortgagor who did not sign the mortgage, cannot thereafter claim the property to be exempt as against the mortgage lien.</p> <p>3. Same — Purchase Money Borrowed from Third Party — A Purchase-money Mortgage. The mortgage to secure the purchase money, having been given to one who loaned the money rather than to the vendor, is nevertheless a purchase-money mortgage.</p>