Hammond Motor Co. v. Warren

Citations

• 113 Kan. 44
• 213 P. 810
• 1923 Kan. LEXIS 329

Syllabus

<p>Syllabus by the coubt.</p> <p>1. Replevin — Automobile—Purchased in Violation of Statute — No Defense to Action by Mortgagee. The purchase of an automobile in total disregard of a statute governing the sale and transfer of such property is void and affords the purchaser no defense in a replevin action instituted by a plaintiff having a lawful claim to the property.</p> <p>2. Same — Unrecorded Chattel Mortgage — Good Between Mortgagor and Mortgagee. A chattel mortgage, although unrecorded, is perfectly good between mortgagor and mortgagee, and the mortgagee’s rights thereunder are good against a person whose only claim thereto is based upon a purchase from the mortgagor in disregard of a statute governing the sale and transfer of automobiles, which statute also provides that all sales which do not conform thereto are void.</p> <p>3. Same — Evidence—Statutes of Other States. In an action in replevin, pertinent statutes of another state are admissible in evidence without special reference thereto in the pleadings.</p>