Nichols, Shepard & Co. v. Barnes
Supreme Court Of The Territory Of Dakota
Appeal from the District Court of Cass County. The facts are stated in the opinion. Points and authorities in brief: We hold that such a description of property as that contained in this mortgage, is void as to third persons'for its indefiniteness and uncertainty, and that the property so attempted to be conveyed is absolutely incapable of being definitely ascertained: Civil' Code, Sec. 1722; Jones’ Chattel Mortgages, Sec. 55 Fowler v. Hunt, 48 Wis., 345; Mui/r v. Blake,…
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Appeal from the District Court of Cass County. The facts are stated in the opinion. Points and authorities in brief: We hold that such a description of property as that contained in this mortgage, is void as to third persons'for its indefiniteness and uncertainty, and that the property so attempted to be conveyed is absolutely incapable of being definitely ascertained: Civil' Code, Sec. 1722; Jones’ Chattel Mortgages, Sec. 55 Fowler v. Hunt, 48 Wis., 345; Mui/r v. Blake, 11N.W. Rep., 621, reversing 9 N.W. Rep., 274; Yant v. Harvey, 7 N. W. Rep., 675; Pennington v. Jones, 10 id., 274; 67 N.…
1Opinion of the Court
Hudson J.
This action is brought by the plaintiff, a private corporation, to recover' of the defendants for the conversion ■ of a quantity of wheat. The plaintiff claims title to the property by virtue"of a chattel mortgage, executed to it by one Wheeler, who, while the mortgage was in full force, surreptitiously, as is alleged, *151gold and delivered the wheat to defendants, which was put into ■ their warehouse, mixed with other wheat and sold in the ordinary course of business, they not having any actual knowledge of the claim of the plaintiff to the wheat. A demand of the same was made upon the…
2Cases cited1 opinion
- Sargeant v. SolbergWisconsin Supreme Court · 1867
3Cited by7 opinions
- Sanford v. Duluth & Dakota Elevator Co.North Dakota Supreme Court · 1891
- Brown v. James H. Campbell Co.Supreme Court of Kansas · 1890
- Frick v. FritzSupreme Court of Iowa · 1902
- Bidgood v. Monarch Elevator Co.North Dakota Supreme Court · 1900
- Hagen v. DwyerNorth Dakota Supreme Court · 1917
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