Pierson v. Hickey
South Dakota Supreme Court
Appeal from circuit court, Yankton county. Hon. E. G. Smith, Judge. Action by Frances L. Pierson against William Hickey, as sheriff of Yankton county to recover possession of certain personal property. From a judgment for plaintiff, defendant appeals.
1Opinion of the CourtFuller, J.
The trial court having held the lien of an unfilled chattel mortgage superior to that of an execution, and entered judgment accordingly, the defendant appeals.
*47The judgment upon which the execution was issued was obtained on account of an antecedent debt contracted for the purchase of the property levied upon, and the trial court held that none but those who become creditors after the execution of an unfiled chattel mortgage are protected by the following statutory provision: “A mortgage of personal property is void as against creditors of the mortgagor, and subsequent purchasers and…
2Cases cited13 opinions
- Stewart v. PlattSupreme Court of the United States · 1879
- Thompson v. . Van VechtenNew York Court of Appeals · 1863
- Karst v. . GaneNew York Court of Appeals · 1893
- Greenville National Bank v. Evans-Snyder-Buel Co.Supreme Court of Oklahoma · 1900
- Union National Bank v. OiumNorth Dakota Supreme Court · 1892
8 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Noyes v. Bank of ItalyCalifornia Supreme Court · 1929
- Smith v. AllenWashington Supreme Court · 1914
- Hollenbeck v. LoudenSouth Dakota Supreme Court · 1915
- Hanson v. BlumNorth Dakota Supreme Court · 1926
- First National Bank v. MagnerSouth Dakota Supreme Court · 1923
6 more not listed; retrieve them via the Exa API.