Leslie v. Wm. Kelly Milling Co.

Citations

• 109 Kan. 146
• 197 P. 1094
• 1921 Kan. LEXIS 94

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>Sale of Wheat — Seller Without Title — Buyer Not an Innocent Purchaser — Law of Markets Overt Never Recognized in This Country. There is no law in this country recognizing the effect of a sale in market overt. The only exception to the general rule that no one can by .sale transfer to another the right of ownership in a thing to which he has no right of property is in the cases of money, bank bills and negotiable instruments purchased in due course (which has been adopted for the sake of commerce). Held, no such exception can be recognized in the case of sales of wheat or small grain, notwithstanding the difficulty in tracing to its source the. ownership of such grain when offered for sale to millers and other grain merchants.</p>