Northeast Kansas Production Credit Ass’n v. Ferbrache
Citation: 236 Kan.491,693P.2d1152 (1985) · Decided: 1985-01-26 · Court: Kansas Supreme Court. Full reporter opinion retrieved from the Caselaw Access Project; this is an unofficial host of primary judicial text, with the original JSON preserved.
Source note (2026-10-18):
- Links on this page to
https://static.case.law/kan/236/cases/0491-01.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
Lender perfected cattle interest in 1981. Veterinarian accumulated years of unpaid services on thousands of animals, later received 85 cattle for sale preparation and claimed entire account against proceeds. Trial court allowed only last-possession services for 85 animals, then paid lender.
Holding And Reasoning
Affirmed. Then 47-836 lacked filed-notice mechanism; veterinary lien was possessory and voluntary delivery extinguished it. Lien secured services on identified treated animals, not debts for other cattle already disposed of. Only last-possession services for 85 animals qualified. General secret-lien discussion did not merge separate statutory grants. Opinion text contains differing USD 1,027.70/USD 1,027.07 figures; do not silently harmonize reporter discrepancy.
Practical Impact And Verified Treatment
L.1988 ch.188§1 added filed nonpossessory branch and priority divisions to 47-836. Possession-only conclusion superseded for timely valid filed branch. Current nonpossessory lien junior specified possessory agister liens/prior perfected interests and unenforceable against later buyer without actual prior notice. Animal-specific holding remains consistent with text.
Primary decision: 236 Kan.491,693P.2d1152 (1985). Current statutes/later primary treatment: 47-836, 58-207, 58-220.
Status Boundary
The complete holding and the stated statutory/later-opinion treatment are verified. This is not a comprehensive still-good-law certificate or an assertion that every later citing decision has been reviewed. No negative-treatment conclusion is inferred from an empty search. The cited older provisions apply only to the historical transaction unless current text is separately identified.
Applies In
kansas · court-ordered-administrative-and-creditor-sales
Legal information, not legal advice. Verify the current primary authorities and actual transaction/order before acting.