Sinning v. Sumpter

Citations

• 86 Kan. 454
• 121 P. 332
• 1912 Kan. LEXIS 318

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Vendor and Purchaser — Chattel Mortgage — Payment—Sub-rogation. Where the owner of a number of cattle sells them successively to two different purchasers, the first purchaser, if he buys in good faith and upon sufficent consideration, is entitled to the ownership and possession thereof, although, he left the cattle temporarily in the possession of the seller; if, however, the second purchaser buys in good faith, and without knowledge of any fact which should put him upon inquiry as to the rights of the first purchaser, and he thereafter pays off a valid mortgage on the cattle, which contains such a description of the cattle that one not a party to the mortgage could by the description therein, aided by such inquiries as the mortgage suggests, identify the cattle mortgaged as the cattle purchased, the second purchaser is subrogated to all the rights of the mortgagee under such mortgage.</p> <p>2. - Same. Where, in such case, the first purchaser, as a part of the purchase price, assumed the payment of another valid mortgage upon the cattle, then, assuming that both mortgages are valid against the cattle, the right to the possession of the cattle is determined by the priority of the respective mortgages.</p>