Walker v. Vaughn
Supreme Court of Connecticut
Bill for a foreclosure of a mortgage of personal property and an order for its sale, brought to the superior court for New London county. The respondents were Carmi H. Williams, the mortgagor, Alfred H. Vaughn, the assignee in insolvency of said Williams, and Smith, Daniels & Co., who were also mortgagees of the property, claiming priority to the petitioner, who himself claimed that their mortgage was subject to his. The following facts were found by the court.
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Bill for a foreclosure of a mortgage of personal property and an order for its sale, brought to the superior court for New London county. The respondents were Carmi H. Williams, the mortgagor, Alfred H. Vaughn, the assignee in insolvency of said Williams, and Smith, Daniels & Co., who were also mortgagees of the property, claiming priority to the petitioner, who himself claimed that their mortgage was subject to his. The following facts were found by the court. On the 30th day of September, 1865, Smith, Daniels & Co. were the owners of all the articles of personal property described in the…
1Opinion of the CourtMcCurdy, J.
The first question arising on the record nat-
urally is, what was the effect of the. mortgage given by Williams to Walker taken by itself. It is said by the respondents that this was absolutely void, as Williams was not at the time of the giving of the mortgage the owner of the property purporting to be conveyed. Upon this point, whether there can be a valid mortgage of personal property to be acquired in futuro, many authorities have been cited, and the decisions seem not to be uniform. It is hardly necessary to examine them particularly, as there has been a late decision of this court which…
2Cited by14 opinions
- McCaffrey v. . WoodinNew York Court of Appeals · 1875
- Chase v. DennyMassachusetts Supreme Judicial Court · 1881
- Simpson v. HarrisNevada Supreme Court · 1893
- Davidson v. ClickNew Mexico Supreme Court · 1926
- Smith & Ricker v. Hill Bros.New Mexico Supreme Court · 1913
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