Phillips County Bank v. Lowe

Citations

• 91 Kan. 338
• 137 P. 930
• 1914 Kan. LEXIS 30

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>Replevin — Chattel Mortgage — Amendment of Petition to Conform to Facts Proven. Where in an action of replevin the plaintiff alleges the ownership and right of possession in himself under a chattel mortgage, and on the trial the court finds, upon sufficient evidence, that the defendant has acquired the possession of the property as the agent and trustee of the plaintiff, and, in substance, that the plaintiff has the superior right to the possession of the property, although not under the chattel mortgage declared upon: Held, that the motion of the plaintiff to amend its petition to conform to the facts proven and for judgment in its favor upon the findings should have been sustained.</p>