Whitney v. Browne
Massachusetts Supreme Judicial Court
Bill in equity to restrain the enforcement of a chattel mortgage, on the ground that it was not recorded and therefore not valid against the plaintiff who claimed under a later mortgage of the same chattels duly recorded, filed July 20, 1900. The Superior Court made a decree for the plaintiff, granting an injunction in accordance with the prayer of the bill; and the defendants appealed.
1Opinion of the CourtLoring, J.
1. This is a bill in equity by the purchaser at a foreclosure sale under a chattel mortgage, to restrain the defendants from enforcing a prior mortgage, on the ground that it was not duly recorded. The prior mortgage was given to one Sturtevant and those holding under it have never had possession of the personal property covered thereby. The cause was heard by the court, a final decree was made in favor of the plaintiff, and the whole case is here on the defendants’ appeal, the evidence having been taken by a commissioner under the rule.
*598Both mortgages were made by the Metallic Window Screen…
2Cases cited5 opinions
- Wright v. BundyIndiana Supreme Court · 1858
- Howard v. ChaseMassachusetts Supreme Judicial Court · 1870
- Pecker v. SilsbyMassachusetts Supreme Judicial Court · 1877
- Harriman v. Woburn Electric Light Co.Massachusetts Supreme Judicial Court · 1895
- Eaton v. TusonMassachusetts Supreme Judicial Court · 1887
3Cited by6 opinions
- Wise v. KennedyMassachusetts Supreme Judicial Court · 1924
- Bailey v. WayMassachusetts Supreme Judicial Court · 1929
- Hayden v. RussellSupreme Judicial Court of Maine · 1920
- Connecticut Valley Onion Co. v. PielockMassachusetts Supreme Judicial Court · 1932
- Ward v. Southern Sand & Gravel Co.District Court, M.D. North Carolina · 1929
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