Kansas Statutes Annotated

K.S.A. § 33-104 (2026)

Loan of goods and chattels

✓ current as of May 2026
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33-104. Loan of goods and chattels. Except as otherwise provided by law, where any loan of goods and chattels shall be pretended to have been made to any person with whom (or those claiming under him) possession shall have remained for the space of five years, such goods and chattels shall be deemed the property of the person having had such possession, unless a reservation of the right of such goods and chattels shall have been made to the lender in writing, and such writing shall have been recorded within six months from the time of making such loan, in the register's office for the county where one or both of the parties shall then have resided.

History: G.S. 1868, ch. 43, § 4; R.S. 1923, 33-104; L. 1989, ch. 120, § 14; July 1.

Notes of Decisions
Cited in 3 cases, 2002–2007 · leading case: McCain Foods USA, Inc. v. Cent. Processors, Inc., 61 P.3d 68 (Kan. 2002).
McCain Foods USA, Inc. v. Cent. Processors, Inc., 61 P.3d 68 (Kan. 2002). “Thus, McCain has established by clear and convincing evidence the badges of fraud under K.S.A. 33-104(b)(3) and (7). “The badges of fraud set forth in K.”
Lackawanna Chapter of Ry. & Locomotive Historical Soc'y, Inc. v. St. Louis Cnty., 497 F.3d 832 (8th Cir. 2007). “But there are other issues that must be resolved, including operation of Missouri’s statute of limitations, see generally Judith Bresler & Ralph E. Lerner, Art Law 1891-92 (2005) (discussing generally statutes of limitations and bailments), and the effect of transferring the…”
Lackawanna Chapter v. St. Louis Cty. (8th Cir. 2007). “But there are other issues that must be resolved, including operation of Missouri’s statute of limitations, see generally Judith Bresler & Ralph E. Lerner, Art Law 1891-92 (2005) (discussing generally statutes of limitations and bailments), and the effect of transferring the…”
— K.S.A. § 33-104(b)(3) — 1 case
McCain Foods USA, Inc. v. Cent. Processors, Inc., 61 P.3d 68 (Kan. 2002). “Thus, McCain has established by clear and convincing evidence the badges of fraud under K.S.A. 33-104(b)(3) and (7). “The badges of fraud set forth in K.”
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