State Bank v. Shepherd

Citations

• 105 Kan. 206
• 182 P. 653
• 9 A.L.R. 1014
• 1919 Kan. LEXIS 52

Syllabus

<p>SYLLABUS BY THE COURT</p> <p>1. Exemptions — Butcher’s Implements — Unexecuted Intention to Become a Butcher — Right to Claim Exemption. Where a person is engaged in an occupation which entitles him to hold certain tools and implements exempt from legal process, he cannot, by a mere unexecuted intention to change his calling, unaccompanied by any overt act, acquire the right to claim exemption with respect to the equipment to be used in such contemplated occupation. The special findings in the present case are held to be consistent with a general verdict of nonexemption.</p> <p>2. Chattel Mortgage — Exempt Personal Property — Purchase Price. Where a person has by a single contract arranged to purchase several articles, making payment partly in property and partly in cash, and obtains the money necessary to enable him to carry out the contract by giving a mortgage upon all the property purchased, under the representation that it is to be used in making payment therefor, the purchase-money character of the mortgage as to a part of the property cannot be defeated by a showing that the buyer and seller had an understanding between themselves that the cash payment was to apply solely to another part. '</p>