James v. Wilson
North Dakota Supreme Court
Appeal from District Court, Pembina County; Sauter, J. Action by William James and Benjamin James against Robert Wilson and Jane Wilson to recover possession of personal property upon which plaintiffs held two chattel mortgages given by defendants. Verdict by direction of Court and judgment thereon for defendants. Plaintiffs appeal.
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Appeal from District Court, Pembina County; Sauter, J. Action by William James and Benjamin James against Robert Wilson and Jane Wilson to recover possession of personal property upon which plaintiffs held two chattel mortgages given by defendants. Verdict by direction of Court and judgment thereon for defendants. Plaintiffs appeal. The second mortgagee is entitled to the possession of the mortgaged property upon default in the payment of his notes, against all the world except the first mortgagee or persons holding 'the first mortgage notes. Cobbey on Chat. Morts. § 1043; Boone on Morts. §…
1Opinion of the CourtWallin, J.
This action was brought to recover the possession of personal property, consisting of wheat, oats, and barley, and certain farm machinery. Plaintiffs claim the right of possession under two chattel mortgages covering said property, executed by the defendant Robert Wilson, and delivered to the plaintiffs to secure certain promissory notes described in the mortgages. It is conceded that the notes were due and unpaid when this action was commenced, and both, of the notes and mortgages were put in evidence without objection. It was expressly conceded by the defendants’ counsel at the trial that…
2Cases cited4 opinions
- Griffin v. . Long Island Railroad Co.New York Court of Appeals · 1886
- Adams v. WildesMassachusetts Supreme Judicial Court · 1871
- Rankine v. GreerSupreme Court of Kansas · 1888
- Gardner's Adm'r v. MorrisonSupreme Court of Alabama · 1847
3Cited by3 opinions
- Bidgood v. Monarch Elevator Co.North Dakota Supreme Court · 1900
- Fifer v. FiferNorth Dakota Supreme Court · 1903
- Hellstrom v. First Guaranty BankNorth Dakota Supreme Court · 1923