Holt v. Lucas

Citations

• 77 Kan. 710
• 96 P. 30
• 1908 Kan. LEXIS 327

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Chattel Mortgages — Lien on Accession — Potential Existence ■ — Duration of Lien. A chattel mortgage on domestic animals which in terms covers the increase thereof, and which is executed during the period of gestation and duly filed for record, creates a lien upon the increase when the same are born, which will continue so long as the mortgage lasts, not only as between the mortgagor and mortgagee but as against creditors and bona fide purchasers of thfe mortgagor.</p> <p>2. -Priority of Liens — Burden of Proof. In an action between the holder of such a chattel mortgage and a creditor of the mortgagor involving the right to the possession of the increase the burden is upon the mortgagee to establish that such increase was conceived before the mortgage was given, and was therefore in actual or potential existence.</p> <p>3. —.-Rights of Attaching Creditor. An attaching creditor may acquire greater and better rights to mortgaged personal property belonging to his debtor than the debtor himself could claim at the time the attachment is levied.</p>