Reports of Cases Argued and Determined in the Supreme Court of the State of Kansas Volume 1 (Paperback)

This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1864 edition. Excerpt: ...It is diflicult to see how the "yellow pony, with some white about him," can be claimed under the description in the mort gage of "one pair of claybank horses." Though a "pony" is defined by Webster to be a " small horse," the terms horse and pony are not in common usage and acceptation, synonimous or convertable terms, but on the contrary, the term pony is used to distingdish from horses in general a peculiar breed, having well known and strongly marked characteristics. If the description in the mortgage of "one pair of claybank horses" was meant to include a "yellow pony, with some white about him," it must be deemed a singularly inapt and unsatisfactory description, nor is it aided in the slightest degree by the contest. The mules are referred to as being one hundred and twenty-four in Kansas, and four in Platte county, Missouri, but though the pony appears to have been in Kansas, it is not so stated in the mortgage. The expression, "a pair of horses," would, ordinarily, be understood to mean a matched pair, or at least a pair mated and used together, and the next articles mentioned in the mortgage are "one roekaway and the harness belonging to the same," tending to strengthen the supposition that the claybank horses were carriage horses, which ponies, ordinarily, are not. Golden and others v. Cockril. Second. But it is further objected against the validity of the mortgage that while the instrument imports a delivery of the property upon its face, there was, in fact, no delivery or change of possession, either actual or constructive. That such delivery is essential to the validity of the mortgage as against third parties, is unquestionable....