80 Kan. 292 | Kan. | 1909
The opinion of the court was delivered by
Involved in this proceeding is the correctness of a ruling taking from the jury the question whether a chattel mortgage on a growing crop of wheat was valid and effective. It appears that L. E.
“Two-thirds (%) of ninety (90) acres of growing wheat, all this wheat on Mrs. Tea’s fárm, one mile south and one mile west of city of Kiowa; on farm which is northeast quarter (%) of section No. 17, township No. 29, range No. 12, Woods county, Oklahoma. This instrument covers wheat in field, shock, stack, wagon, granary or wherever found, which said above-described property, at the date of these presents, is in possession of said parties of the first part.”
As will be observed, the mortgage on its face is a valid instrument. One containing a similar descrip
It is not necessary to determine whether prejudice resulted from the unwarranted latitude allowed in the cross-examination, as in any event the state of the evidence required the submission of the case to the jury. The description in the mortgage, as will be seen,
The testimony of Tea does not undertake to give the exact acreage of the wheat. To one inquiry he answered : “Well, I could not say exactly, but there was about, I should judge, about one hundred, or may be a little more, acres.” In attempting to get at the num
“The description which the mortgage gave of the cattle was defective. They were described as kept at a particular ranch, whereas they were in fact in another part of the county. Whether notwithstanding this partial misdescription the mortgage still gave sufficient information by which the cattle could with reasonable inquiry have been identified was a question for the determination of the jury.” (Page 303.)
The judgment is reversed and the cause remanded for further proceedings.