Denny v. Faulkner
Citation: 22 Kan. 89 (1879) · Decided: 1879-01. Complete reporter opinion retrieved from Caselaw Access Project, an unofficial host of primary judicial text. Original JSON retained. Full primary opinion.
Source note (2026-10-18):
- Links on this page to
https://static.case.law/kan/22/cases/0089-01.jsonare an (unofficial Caselaw Access Project copy, retrieved before 2026-10-18; host disallows automated access); no official or otherwise permitted full-text copy was located on 2026-10-18.
Facts
A bill of sale secured advances on cattle in Nebraska. After the owner died, a Nebraska administratrix and sheriff asserted possession/attachments; the cattle ranged near the Kansas border. Security holders replevied, shipped and sold them in Chicago. The uncertain place of the sheriff levy mattered. primary.
Holding And Reasoning
Reversed for new trial. A case-made extension allowed exceptions to be reduced to writing after the term; continuance of the timely new-trial motion did not forfeit it. The security bill was valid between the parties; the administratrix took the decedent rights, not an independent creditor avoidance right. Nebraska administration had no inherent extraterritorial force, but comity protected domiciliary administratrix possession absent competing Kansas administration/local creditors. A Nebraska sheriff levy in Kansas was void; a levy made in Nebraska could be recognized after movement. The unresolved levy location required further proceedings. Historical conflict/recording rules protected local creditors and did not invalidate the security inter partes. Finally, the holder interest could not exceed advances, interest and costs: a good-faith advertised statutory sale entailed liability for surplus proceeds; the different Chicago disposition entailed excess actual cattle value at seizure over debt/interest. Supplemental pleading should be allowed to resolve that accounting. primary.
Practical Impact And Verified Treatment
The concluding security-holder accounting principle supports, by express legal synthesis with 77-109 and the limited 8-1103 grant, accounting for tow-sale excess. This decision did not adjudicate a modern tow auction, unknown-owner distribution, Article 9 filing, or current probate/conflicts rules. Modern consensual security sales separately follow 84-9-615; Article 9 is not automatically imported into nonagricultural statutory towing liens. The historical procedure and recording discussion is not presented as a current manual. primary, primary, primary, primary, primary.
Status Boundary
Full holdings, disposition, and the specified statutory treatment are verified. No comprehensive later-citation or still-good-law certificate is claimed. No unlocated later decision is represented as affirmance or negative treatment. Historical collateral, probate, conflict, recording and procedural rules are not asserted as current merely because the complete opinion was retrieved.
Applies In
kansas · court-ordered-administrative-and-creditor-sales
Legal information, not legal advice. Verify current primary law and the actual transaction/order before acting.