Washington National Bank v. Rooney

Citations

• 96 Kan. 133
• 150 P. 555
• 1915 Kan. LEXIS 331

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Replevin — Defective Affidavit — Subject to Ameyidment. An affidavit in replevin examined and held to he such that its defects could be remedied by amendment after the order of delivery was issued and executed.</p> <p>2. Joint Chattel Mortgagees — Release by One Binding on the Other. A chattel mortgage in form a joint mortgage to. secure the joint debt of two mortgagees may be released by one of them without the knowledge of the other for the purpose of permitting a new mortgage, given by the mortgagor to secure a consolidation of mortgages prior to the joint mortgage, to retain priority; and this may be done although the sum secured by the released mortgage was in fact made up of separate debts due the mortgagees severally, the holder of the new mortgage being ignorant of the several nature of the instrument.</p>