The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1899-01-12
FINE POINT OF LAW
Validity of Mortgage With
Erroneous Description.
CASE IN APPELLATE COURT
Court is Disposing of Twenty
Cases a Day.

The appellate court resumed business
Yesterday morning and very rapidly dis
nosed Of the twenty cases dOcketed for
the day.
The case occupying most of the court
attention was that of Trice VS.. Myton ct
al, appealed from the district court OF
Cowlev county. While the case was an
ordinary action of replevin, the conditions
were such as involved some important
and technical points or law. In 1898 b.
IT Trice came in possession of a note
given by w. T. Shannon to party VINO
endorsed the note to Trice. As security
for the note shannon executed and de-
livered to Trice a chattel mortgage upon
certain wheat raised, describing the
land on which the wheat was grown.
The description of This land was erro-
neously entered in the mortgage. AFTER
wards this wheat, aggregatinS 55f push
els, was attached by Shannon's creditors
S. H Myton and VIM. Davey, defendants
in error in this case. Trice then entered
replevin proceedings against H II. Sired,
constable of the city of Winfield, to get
nossession of the wheat. The suit was
originally Trice against H. II. Sired,
constable the latter being in possession
of the wheat and holding it for the at
tachment creditors. The constable haV-
ing since been killed, the defendants in
error. Myton and Davey, were substi-
tuted m his stead and the cause continued
on the same testimony as previously in
troduced The question Of the validity
of a mortgage in which descriptions are
enormously entered seems to be the bone
of contention with the attorneys in the
case This wheat was grown and raised
in one township and described in the
mortgage as in another and different
township, although both parties to the
mortgage admit the erroneous descrip-
ton.
The case was argued at length before
the court by Judge Buchanan on behalf OF
the plaintiff in error and Judge Pollock
for the defendants, and the case was sub
mittted on the briefs filed.
The other cases on the docket were
disposed of as follows:
The Western Freehold and Live Stock
company VS.. Erick Erickson, appealed
from Mcpherson county. Motion by de-
PENDANTS in error to dismiss cause on ac-
count Of failure to file briefs in accord
ance with rule of this court. Dismissed.
D. L. Fuller VS.. T. NJ. Torson, appealed
| from Lyon county. Submitted on plain
tiff's brief and defendant in error allowed
ten days to file brief.
Walter Denning eft al VS.. Mary A
Yount, Administrative, appealed from
Cowley county Submitted on briefs.
| J. A. Connor VS.. William Croker, ap-
pealed from Reno county. Dismissed for
failure to file briefs.
| John Leach vs. Arkansas City Mortgage
Co. ct al, appealed from Cowley county.
| Submitted on briefs.
T. ]. Crootz ct al, VS.. Fred H. Carpenter
ct al. appealed from Reno county. Sub
mitted on briefs.
Coler L. Sim, receiver, VS.. c. H. Vorhis
ct al, appealed from Greenwood county.
| Dismissed for failure to file briefs.
Levic Cook VS.. Matthew Miller, trustee,
ct al, appealed from Harper county. Set
tied with costs and dismissed.
w. L. Ellwood VS.. Frank Kliever, road
| overseer, appealed from Marion county.
| Dismissed for failure to file briefs.
| Emerson Carey VS.. Kansas & Texes Coal
! Co, appealed from Reno county. Contin-
ted to May term.
| Albert A. Otha ct al VS. Farmers Ma
tional Bank of Arkansas City, ct al, APP
peaied from Cowley county. Continued to
| May term.
l Tho Pbnaniy Tr-fY-e - Trn
| land ct al, appealed from Lyon county
| Dismissed for failure TO file briefs and
! judgment Of district court affirmed.
Rufus L. VIII ct al VS.. John Keller. ap-
pealed from Lyon county. Passed to 18th
inst.
J. z. Halstead VS.. W. ]. Ryan. appealed
from Greenwood county. Submitted or
plaintiffs brief.
William Walker VS.. John Sims, appealed
! from Zutler county. Submitted on briefs
Oliver Ewell ct al VS.. Ray Fran. etc.
appealed from Barber county. Submitted
on briefs.
The Trust Company OF America ct al VS.
John Gowans ct al. appealed from Nc
Pherson county. Dismissed for failure tc
| file briefs
Theodosia Hill VS.. ]. W Middleton etc.
appealed from Butler county. Submitted
| on briefs
Winfield National Bank ct al vs.. Uthe
mar Johnson, appealed from CONVEY coun
". Continued TO May term.
The arguments in the mandamus sui
| brought by the Keene Syndicate agains
| County Clerk Denny were finished yester
day and the parties 10 the case were giver
i ten days In which TO file their briefs.