Wogan v. Sivey

Citations

• 95 Kan. 774
• 149 P. 411
• 1915 Kan. LEXIS 290

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Fraudulent Transfer of Property — Chattel Mortgages Executed by Fraudulent Transferee — Subsequent Mortgage on Same Property by Actual Owner — Priority of Liens. An owner of personal property represented that it had been transferred to another, and he with such other applied for a loan of money secured by a chattel mortgage executed by such vendee on the property represented to have been sold. It was not a bona fide sale of the property, but the owner not only represented to the mortgagee that it was an actual sale and aided in the obtaining of the loan upon the mortgage but he also endorsed the note which was secured by the mortgage. The property was sufficiently described in the mortgage, which was duly filed for record. Held, that the mortgage was valid not only as between the parties to its execution, but also as against a third party, who subsequently obtained a mortgage upon the same property executed by the owner.</p> <p>2. Trial — No Error Appears in the Record. The instructions given by the court are deemed to be substantially correct, and the findings of the jury held to be sustained by the evidence.</p>