Madison National Bank v. Farmer
Supreme Court Of The Territory Of Dakota
Appeal from the district court of Davison county; Hon. Bartlett Tripp, Judge. Appellant, to secure a reversal, need only show a prima facie-case before the district court. Thompson, Juries, 36; Woods. v. Atlantic Mutual Ins. Go., 50 Mo.. 112. Appellant’s mortgages on the property were prior to the respondent’s. His, as to the wagon, was given before the mortgagor owned it; it was therefore void. Jones, Chat.
Read the full summary
Appeal from the district court of Davison county; Hon. Bartlett Tripp, Judge. Appellant, to secure a reversal, need only show a prima facie-case before the district court. Thompson, Juries, 36; Woods. v. Atlantic Mutual Ins. Go., 50 Mo.. 112. Appellant’s mortgages on the property were prior to the respondent’s. His, as to the wagon, was given before the mortgagor owned it; it was therefore void. Jones, Chat. Mor. § 138;. Gardner v. McEwin, 19 N. Y. 123., If the defendant is entitled to recover, it would be only his. interest in the property, the amount due on his note and mortgage, which is…
1Opinion of the CourtOakland, J.
Appellant brought an action in the district court of the county of Davison against respondent, to recover the possession of one brown mare, one two-seated light spring wagon with cover, and alleged the value of all of said property to be $300. In pursuance of the requisition of appellant, the officer delivered the said property to said appellant. The complaint in the action contained the usual averments in such actions, and alleged that the appellant was entitled to the possession of the property described, by virtue of certain chattel mortgages given by J. H. Stuckey and A. J. Stuckey to the…
2Cited by4 opinions
- First National Bank v. NorthSouth Dakota Supreme Court · 1892
- Fletcher Bros. v. NelsonNorth Dakota Supreme Court · 1896
- State ex rel. A. Lehman & Co. v. KingSupreme Court of Louisiana · 1894
- Bidgood v. Monarch Elevator Co.North Dakota Supreme Court · 1900