Lane v. Starr
South Dakota Supreme Court
Appeal from district court, Spink county; Hon. Louis W. Orofoot, Judge. . Action to recover the value of property levied upon and taken under attachments and executions. Prom a judgment in favor of the plaintiff the defendant appeals. The facts are fully stated in the opinion.
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Appeal from district court, Spink county; Hon. Louis W. Orofoot, Judge. . Action to recover the value of property levied upon and taken under attachments and executions. Prom a judgment in favor of the plaintiff the defendant appeals. The facts are fully stated in the opinion. The courts of the different states are divided into two classes, as marked by the position they have taken relative to the validity of a mortgage containing a provision for the mortgagor’s possession of mortgaged goods, with power of disposal. The first class, notably Iowa, Michigan and Massachusetts, holding the…
1Opinion of the CourtKellam, J.
On the 7th day of June, 1888, the appellant, who was then sheriff of Spink county, levied upon a stock of drugs and other miscellaneous goods under attachments and executions against one C. J. Lane, then personally in possession thereof. The respondent, claiming to be the owner of the property so taken by virtue of a chattel mortgage executed to him by said C. J. Lane, brought this action against appellant to recover the value of the property so taken; and the question in controversy is as to the validity of respondent’s mortgage as against creditors of the said C. J. Lane. The mortgage…
2Cases cited12 opinions
- Louisville & Nashville R. R. v. WilliamsSupreme Court of Alabama · 1911
- Shultz v. . HoaglandNew York Court of Appeals · 1881
- Conkling v. . ShelleyNew York Court of Appeals · 1863
- Ford v. . WilliamsNew York Court of Appeals · 1862
- Metzner v. GrahamSupreme Court of Missouri · 1874
7 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Prairie Lakes Health Care System, Inc. v. WookeySouth Dakota Supreme Court · 1998
- Carr v. BrawleySupreme Court of Oklahoma · 1912
- Hollenbeck v. LoudenSouth Dakota Supreme Court · 1915
- First National Bank of Beresford v. AndersonSouth Dakota Supreme Court · 1980
- Counts v. KarySouth Dakota Supreme Court · 1941
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