The Leavenworth weekly times., 1879-06-12
SUPREME COURT sYllABI.
STATE OF KANSAS, 80
SUPREME loURT.

SUPREME COURT.
No. I,S5-wm. A. Deny.e; al. vs.. Heiwi!
| Faulkner, Administrators, &c-EroT iron
Brown cOunty-Reversed.
BIZ THE COURT. BREWER, J
l. Where a case was tried ct one term be
| fore jury, verdict returned and motion
| for new trial duly filed, snd such motion
| Was continued TO "A subsequent term, and
then upon hearing oserrul-d and time given
| in which 10 make 4 case: Held, That the eX-
| thougG first reduced to writing at the time of
| making the case and after the cio-e OF the
| trial term We're in time and must be c0n.id
er. Il in this court
2 A bill OF sale executed In Illinois upon
personal properly situsted In " b. ssks, II
valid inter ;sdTtes, though intended only as
security r advances, and though neither
iiIed nor iecordsd in Illinois or Ssbraska,
and thouzh possession of the properly was
not delivered.
3. An administrative of the vendor in
such a bill of sale has no greater rights In
said property than her iniesiate, and can
make no other d-ienses than lie against sucn
bill of sale.
4. Where F. domiciled in Nebraska dies
leaving personal property in Kansas, aud
administrat on is duly taken out at the
place OF his domi ii, and the sdmini>IratriN
20 appointed takes Peaceable possession OF
such property in Kansas and there is no OPP
posing administration IN this State and no
local creditor. He'd, That the courts of this
State .L eOntitate recognize her possession as
as righIful, and project u as fully as though
she had taken out letters OF administration
in this State.
5. Where "a sheriff Of one of the counties of
Nebraska, with process i-sued by "A y. braska
court, comes into this state and levies upon
personal properly within the Limits
OF this STATE, such levy IS ALSO ute!y void and
oonfers no title or right of possession upon
such sheriff, but where sach sheriff with
such process, leyIes upon property within the
limits Of his jurisdiction, he estab lshes Il
title and right of po sssion which viii b.
recognized and protected in the courts OF
this e, although while holding sue pD>-
session he temporarily moves such property
into this state, aud while in tins etste II L.
seized ucon process issued out OF court OF
this State.
g. While 1t Is general proposition that as
10 contracts concerning PERSONAL property
tne Ter loci coHtTdctus governs: or in other
words, that Whatever goes to the form, man.
ner or execution and all othe. m alters Affect
ing the validity Of the instrument as a con-
tract i.tsT yGrtes is Setti. by the law OF the
state where tie contr ct Is entered into; Yet
where such contract Is made concerning per |
sOnal property situ4led IN another stale, the 1
latter may without violating any Of the obtI- |
cations of comfy, uphold its own laws con
cerniug the effect OF such "A contract upon the 1
rights o; In ri parties Gomicilec within such /
State.
:. Ifa cha'tgI mortgage in this : ate takes 4
possession of the property mortSag9d ana IN 4
GOOD faith, according to the statute anEer
t-es and sells the property, he l. responsible
to the NOR; gagOr for only the surplus OF the
proceeds of such sale above the GtDt, interest
and costs, but IL he make other disposition
he IL responsible tor the dlneience beiMeen
the actual cash value at the time ana place
OF taking o sSession and the amount OF The
debt ana interest.
5. Ia enioIcing rem dies tie Ter + a gov
eTns.
All the justices coacuuing.
\ true copy. Attest: y. hAMM AIT,
lLsl Geek su.rene Court