Smith-McCord Dry-goods Co. v. Burke

Citations

• 63 Kan. 740
• 66 P. 1036
• 1901 Kan. LEXIS 220

Syllabus

<p>SYLLABUS BY THE COUBT.</p> <p>1. Replevin — Tenants in Common. One tenant in common cannot maintain replevin for the possession of any of the common property against his cotenant, nor against one in possession of the property as the joint agent of the tenants in common.</p> <p>2. -Mortgagees — Fraud. In the absence of fraud, a subsequent mortgagee cannot maintain replevin for the possession of the mortgaged property in the possession of the prior mortgagee or his agent until after such prior mortgage has been satisfied.</p>