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· 5/11/1912

Woods County Union Bank v. Shore

Citations

  • 87 Kan. 140
  • 123 P. 880
  • 1912 Kan. LEXIS 109

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Replevin — Chattel Mortgage — Foreign Statutes — Evidence. A lawyer familiar with the statutes and decisions of another state is competent to testify as to whether a chattel mortgage witnessed in a certain way is void under the law of such state, and the fact that he was permitted over objection to state what the statute itself was, even if erroneous (which is not • decided), was not materially prejudicial.</p> <p>2. -Defenses under General Denial. A defendant in replevin may, under a general denial, show any reason why the plaintiff is not entitled to recover, and for such purpose may prove that a chattel mortgage relied on by the plaintiff is void under the law of the state where it was made, without pleading such law.</p>

Judges: West

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