Oklahoma State Bank v. Hicklin

Citations

• 100 Kan. 301
• 164 P. 257
• 1917 Kan. LEXIS 315

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Replevin — Gar of Wheat — Bill of Lading Transferred — Title and Ownership of Wheat Determined. The plaintiff acquired the title to a car of wheat by the payment of a draft with the bill of lading attached and shortly afterwards transferred the same to another bank. Payment of the draft being refused by the purchaser of the grain, the draft and bill of lading were reassigned to the plaintiff. Before that time the wheat had been attached by a third party. Upon the retransfer of the bill of láding to the plaintiff, which in the meantime had gained possession of the wheat, plaintiff sold and transferred it to another party and under that transfer the wheat was delivered. After the latter transfer the plaintiff brought an action of replevin against the officer who had levied the attachment upon the wheat. Held, that the plaintiff having transferred its interest in the wheat before its action was commenced, it was not entitled to recover possession of it.</p> <p>2. Same — Title io Property Transferred After Attachment. The fact that an attachment had been levied on the wheat did not prevent an effectual transfer of whatever interest the plaintiff had in the grain by the transfer of the bill of lading.</p> <p>3. SAME — Judgment in Replevin — Modified at Subsequent Term, When the plaintiff which had obtained possession of the property' replevied fails to show a right to its possession the defendant is entitled to judgment in the alternative for the return of the property, or the value thereof if a return can not be had, and where through inadvertence a general judgment in favor of the defendant is rendered at the end of the trial instead of in the alternative, it may be corrected and proper judgment entered on the motion of the defendant after .the term at which it was first rendered.</p>