Reeves & Co. v. Brown

Citations

• 80 Kan. 292
• 102 P. 840
• 1909 Kan. LEXIS 63

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Evidence — Cross-examination of Witnesses — New Matter. Except as to matters affecting his credibility, the cross-examination of a witness should be confined to the subjects on which he testified on direct examination. If a party desires to examine the witness on new and independent matters he should make the witness his own.</p> <p>2. Chattel Mortgages — Description of Property — Notice — Identification of Property. A mortgage, in which the property was described as “two-thirds (%) of ninety (90)-acres of growing wheat, all this wheat on Mrs. Tea’s farm, one mile south and one mile west of city of Kiowa; on farm which is northeast quarter (14) of section No. 17, township No. 29, range No. 12, Woods county; Oklahoma. This instrument covers wheat in field, shock, stack, wagon, granary or wherever found, which said above-described property, at the date of these presents, is in possession of said parties of the first part,” etc., is not invalid on its face for indefiniteness of description ; and after a witness had testified in a trial to enforce such a mortgage that the mortgagor had more than ninety acres of wheat on the farm described, and the correctness of the other parts of the description was unquestioned, the question whether third parties, under the description given and by reasonable inquiries suggested by the instrument, could identify the property intended to be mortgaged was for the determination of the jury.</p>