Jackson v. McCray

Citations

• 63 Kan. 238
• 65 P. 227
• 1901 Kan. LEXIS 125

Syllabus

<p>SYL1ABÚS BY THE COURT.</p> <p>Contract Construed — Pasturing Cattle — Agistor’s Hen Held Inferior. M. entered into a contract with. W. to pasture for the latter 1125 head of cattle, to range in J.’s pasture during the season of 1896, at 81.75 per head. The contract contained a provision that out of the first money to become due under the terms of the agreement 81075 should be paid to J., the owner of the land upon which the cattle were grazed, to which he assented in writing at the bottom of the contract. Near the close of the pasturing season, M. turned over to W., the owner of the cattle, all but thirty-one head, without receiving any part of the sum due for pasturage under the contract. Thirty head remaining in the possession of M. were taken by J., at the instance of W., to the railway station for shipment to market. Before this, J. had assigned to a bank his claim to the $1075 under the contract before mentioned. Held, that, in an action of replevin by M. against J., W., the bank, and the railway company, for a recovery of the thirty head of cattle, his claim and lien as an agistor must, under the contract, be postponed to the prior right of J. to the proceeds of the cattle, and that he cannot recover.</p>