State v. Burton

Citations

• 101 Kan. 62
• 165 P. 847
• 1917 Kan. LEXIS 16

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Chattel-mortgaged Property —- Sold Without Written Consent — ■ Proof of Oral Consent Admissible on Issue of Fraud. In the prosecution of a mortgagor under section 6513, General Statutes of 1915, for selling property covered by chattel mortgage without written consent of the mortgagee, proof of oral consent of the mortgagee to the sale is not sufficient to defeat the action, but such proof may be admitted as bearing upon the question whether or not the sale was made for the purpose of defrauding the mortgagee.</p> <p>2. Same — Property Sold Subject to Mortgage — No Defense. Proof that the bill of sale by which the mortgagor disposed of the property recited that it was sold subject to the mortgage is not sufficient to defeat the action.</p> <p>3. Trial — No Substantial Error. Assignments of error involving consideration of the sufficiency of evidence examined, and held to be unsubstantial.</p>