Ramsey v. Glenn

• Decision Date: 07 March 1885
• Citation: 33 Kan. 271,6 P. 265
• Parties: AUSTIN RAMSEY v. R. C. GLENN
• Court: Kansas Supreme Court

6 P. 265

33 Kan. 271

AUSTIN RAMSEY v. R. C. GLENN

Supreme Court of Kansas

March 7, 1885

Error from Brown District Court.

ON March 25, 1882, Austin Ramsey was a farmer living in Holt county, Missouri, and had dependent upon him for support eight children, the oldest being twenty-one years and the youngest three years of age. His property consisted of three work horses, a lumber wagon, a set of harness, some house and kitchen furniture, beds with bedding, and stoves. At the time, he was indebted to one R. M. Guilliams in the sum of $ 150, and was also indebted to other persons. On said March 25 he executed to Guilliams his note for $ 150, payable in nine months, and to secure the payment thereof executed a chattel mortgage on said property, including the sorrel horse in controversy. This chattel mortgage was recorded at four o'clock P. M. on March 27, 1882, in the office of the recorder of deeds in Holt county, Missouri. On March 27 1882, Ramsey started from Holt county, with his family and the said property, for Brown county, Kansas, intending to make Brown county his home. Upon this day, before the chattel mortgage to Guilliams was filed for record, and before Ramsey got out of Holt county, Missouri, a creditor of Ramsey, one R. C. Glenn, attached all the property Ramsey owned, except the said sorrel horse. The same day Ramsey arrived in Brown county, Kansas, with his family and his sorrel horse, and has ever since made it his home. The claim of Glenn against Ramsey was $ 61. After the attachment of Glenn had been levied upon the property, Guilliams, the owner of the chattel mortgage, claimed the property, and filed an interplea therefor before a justice of the peace. Upon a trial in the justice's court, Guilliams was successful with his interplea, but from the judgment thereon Glenn appealed to the circuit court of Holt county. Ramsey made no defense to the action of Glenn, nor to the attachment proceedings. The property attached by Glenn was sold on April 9, 1882, under the attachment proceedings, for $ 158.50. After paying the costs of keeping and sale, there was a balance left of $ 137.50. The judgment of Glenn v. Ramsey, and costs, were paid out of this, and there was still a balance from the proceeds of said attached property.

While the appeal was pending in the circuit court of Holt county upon the interplea filed by Guilliams, and on January 11 1883, Glenn allowed and paid Guilliams the amount then due on the note and mortgage executed by Ramsey March 25, 1882, and took an assignment of the note and mortgage from him. On January 11, 1883, the chattel mortgage was filed for record with the register of deeds of Brown county, and on the same day Glenn commenced his action in replevin against Ramsey before a justice of the peace of Brown county, to recover the possession of the sorrel horse described in the chattel mortgage. After judgment had been rendered before the justice of the peace of Brown county, the case was appealed to the district court of that county. Trial at an adjourned term of the October Term for the year 1883. The case was submitted to the court without a jury. The court found that R. C. Glenn, the plaintiff, was, at the commencement of the action, entitled to the possession of the horse, and that being in possession of the horse at the time of such trial, he was entitled to retain the same, and also that he was entitled to recover his costs. Judgment was entered accordingly. The defendant, Ramsey, excepted, and brings the case here.

Judgment affirmed.

Jas. Falloon, for plaintiff in error.

A. R. May, for defendant in error.

HORTON C. J. All the Justices concurring.

OPINION

HORTON, C. J.:

It is claimed on the part of the plaintiff in error, defendant below, that when Glenn paid off the note of one...