Sparks v. Galena National Bank

Citations

• 68 Kan. 148
• 74 P. 619
• 1903 Kan. LEXIS 421

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Sale and Mortgage — Fraudulent Purchase — Mortgagee Pro-teeted. Owners of personal property made an honest sale of it for • an adequate consideration to persons who did not acquire it in good faith. The vendees obtained a loan and executed a mortgage.on the property to one without notice of any fraud. Held, that the mortgagee is protected and treated as an innocent pur- ' chaser to the extent of the mortgage debt.</p> <p>% Jurisdiction — Cherokee County District Court. The fact that . a case pending in the district court of Cherokee county when chapter 156 of the Laws of 1901 was enacted, which provided that terms of the district court of that county be held in Columbus and Galena, was not tried at the first term held at Galena did not deprive the court of jurisdiction of the case.</p> <p>3. Title and Ownership — Testimony of Owner. Permitting a witness to state that she owned property, the title to which was the subject of the controversy, was not prejudicial error, where it was followed by an extended examination of the witness by both parties in which she gave in detail the circumstances of her purchase and the manner in which she acquired the property.</p>