The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1898-07-14
HIGHER COURT HOLDS
That ChatteI Mortgage Unre-
corded May Be
CONSIDERED A FRAUD
Upon Creditors of Mortgagor
Appellate Decisions.

The appellate court for the southern
department, central division, held an ad-
jourDed term Tuesday and yesterday. dur
ing which they handed down a large
number of decisions. All the judges were
present, and in all the cases there was
not a dissenting opinion.
A decision was rendered in the case of
j. G. Williams, constable, and Rufus Cone,
sheriff. vs.. Elizabeth White, reversing the
Judgment Of the lower court. This was
taken up on error from Sedgwick county
and was the elimination of the failure of
~ B. Nichols in 1891. Nichols at that
time ran a grocery store, and gave a
note and chattel mortgage on the stock
TO Fizabeth White, without a change of
Possession. Aferward other creditors at
tached, and the constable and sheriff took
possession. Elizabeth White brought
replevin action against them and won it
In the lower court. They appealed on the
ground that the court refused a material
instruction in their favor They claimed
that the court should have instructed the
jury that every man is presumed to know
the consequences of his acts and if they
result in defrauding creditors he is pre-
sumed to have foreseen this result The
appellate court held this should have been
given, and reversed the case. remanding
It for new trial.
Opinions were handed down in the fol-
lowing cases:
CENTRAL DIVISION
State VS.. NJ. s. Henderson and Jim
Bean; error from Reno county. At
firmed.
William MartindaIe ct al We Evans,
Snider. Bull & Co; error from Greenwood
county. Affirmed.
A J. Holderman ct al VS.. j. w Ted
ford; error from Butler county. At
irmed.
George A Stephens VS.. ]. w. Mcintosh;
error from Harper county Affirmed.
City Of Hutchinson VS.. Mary E. Van
Cleve; error from Reno county. Affirmed.
Andrew G. Harms VS.. The o. S. Kelley
company; error from Harvey county. At
firmed.
ct al; error from Chase county. At
firmed
Franz Gertz VS.. Agnes Beck; error from
Marion county. Affirmed
George n. Reproad ct al. VS.. Kansas
First Mortgage company; error from Reno
county. Affirmed.
Pleasant Grove Township VS.. Alfred R.
Ware; error from Greenwood county. At
firmed.
City of Medicine Lodge vs. AIburtus F.
Horner; error from Barber county. Re
versed.
A. w. Rumsey VS., Kiowa Town com
versed.
Agnes Augusta Thomas VS.. L. A. Merri-
field ct al; error from Lyon county. Re
versed.
Johnson Loan and Trust company VS..
II. L. Bali; error from Kingman county
Reversed.
Halcyon Lodge No. 12O A. F. & A NJ,
rs. B. w. Watson; error from Marion
county. Reversed
The Fort Scott, Wichita and Western
Railway company VS.. Don Kinney, admin
istrator; error from Harvey county. Re-
versed.
J. c. Williams. constable, ct al VS.. Eliz-
abeth White; error from Sedgwick coun-
" lNtN cASctl
Emil Werner VS.. The Barber Asphalt
company; error from Sedgwick county
Dismissed.
George L. Pratt VS.. First National bank
of Arkansas City; error from Cowley
county. Dismissed.
Robert Hutchinson VS.. A. Van Zandt;
error from Sedgwick county. Dismissed.
Cyrus Brookover vs.. J. D. Glenn; error
from Greenwood county. Dismissed.
3. z. Kies ct al. VS.. George T. Steel ct
al; error from Sedgwick county. Dis
missed.
WESTERN DIVISION.
w. ]. Tod VS.. Guerny Ranch company;
error from Seward county. Dismissed.
Ed F. Madden ". y. B. Drummond;
error from Rush county. Affirmed.
Missouri Pacific Railway company vs..
Max Liverright ct al; error from Pratt
county. Reversed.
EASTERN DIVISION.
St. Louis and San Francisco Railway
company vs. Sarah E. Dawson; error from
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