Shell v. Guthrie (1930)

Shell v. Guthrie

Citation: 129 Kan.632,284P.420 (1930) · Decided: 1930-02-08 · 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/129/cases/0632-01.json are 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

One farm lease required crop share plus USD 250 pasture/building rent. Tenant delivered crop share but failed cash rent; landlord took/sold tenant wheat despite another creditor recorded crop mortgage. Creditor knew leased-land facts and mortgage described tenant three-fourths share.

Holding And Reasoning

Affirmed. One farm contract could not be artificially divided to exclude pasture/building cash rent from crop lien. Creditor had inquiry notice and stood no better than purchaser; actual notice unnecessary where facts required inquiry. Crucially, no objection to failure formally to proceed by attachment was preserved. Opinion does not authorize general private self-help crop auctions.

Practical Impact And Verified Treatment

58-2524 currently requires action/attachment and 58-2526 retains purchaser-with-notice recovery. Revised Article 9 agricultural-lien law applies;1930 chattel-mortgage vocabulary is not a current filing manual. Full farm-contract/priority holding verified with this scope boundary.

Primary decision: 129 Kan.632,284P.420 (1930). Current statutes/later primary treatment: 58-2524, 58-2526, 58-2527, 84-9-109, 84-9-302.

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.