Lessert v. Krebs

Citations

• 108 Kan. 752
• 196 P. 1070
• 1921 Kan. LEXIS 259

Syllabus

<p>.SYLLABUS BY THE COURT.</p> <p>1. Replevin — Chattel Mortgaged Property — Mortgage Debt, Paid by Third Party Pending Suit — Subrogation. A guardian, who with her ward signs a promissory note and to secure its payment executes a chattel mortgage on property of the ward, may pay the note out of her own money and be personally subrogated to the rights of the mortgagee as against a third person who acquires possession of the mortgaged property in violation of the rights of the mortgagee.</p> <p>2. Same — Judgment in Favor of Third Party Subrogated to Plaintiff’s Interest. In an action in replevin commenced by a chattel mortgagee to recover possession of the mortgaged property, it is not reversible error to render judgment in favor of one who, although not a party to the action, after its commencement pays the mortgage debt and is entitled to subrogation to the rights of the mortgagee as against one</p> <p>■ wrongfully holding possession of the property.</p> <p>3. Same — By Mortgagee of Automobile — Nature of Judgment to Be Rendered — Value of Automobile. In a replevin action brought by a chattel mortgagee to recover possession of the mortgaged property, it is not reversible error to render-judgment in favor of the plaintiff for the full amount of the mortgage debt if, on the trial, the' parties and the court assume that the value of the automobile was greater than the mortgage debt, or that the plaintiff was entitled to judgment for the amount of the debt, if he could recover any judgment whatever.</p>