Braley v. Byrnes
Supreme Court of Minnesota
Action to recover possession of certain hotel furniture, • claimed by plaintiff under a chattel mortgage made by one Boot, and which had been taken from Boot’s possession by the defendant, as sheriff, by virtue. of a writ of attachment .in an action brought against him by one Greene.
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Action to recover possession of certain hotel furniture, • claimed by plaintiff under a chattel mortgage made by one Boot, and which had been taken from Boot’s possession by the defendant, as sheriff, by virtue. of a writ of attachment .in an action brought against him by one Greene. The de- ■ fendant pleaded that the mortgage to the plaintiff was f raud- • ulent, and at the trial in the district court for Bice county, before Lord, J., introduced evidence tending to prove that plaintiff’s ■ mortgage was made at the same time with another mortgage ■ to one Hildreth, a brother-in-law of Boot,…
1Opinion of the CourtGilfillan, C. J.
This is the only question of law in the., ■case: Does retaining possession by the mortgagor of the property in a chattel mortgage, duly filed, render the mortgage conclusively fraudulent and void, or does it merely raise such a presumption of fraudulent intent as imposes upon the mortgagee the onus of establishing actual good faith, and the absence of a purpose to defraud creditors? The old *298supreme court in New York held that continued possession in-, the mortgagor was conclusive evidence of a fraudulent intent,, unless it was made to appear that a change of possession was physically…
2Cases cited4 opinions
- Horton v. WilliamsSupreme Court of Minnesota · 1875
- Edson v. NewellSupreme Court of Minnesota · 1869
- Marsh v. ArmstrongSupreme Court of Minnesota · 1873
- McCarthy v. GraceSupreme Court of Minnesota · 1876
3Cited by7 opinions
- Brothers v. Mundell, Munzesheimer & Co.Texas Supreme Court · 1883
- Tolbert v. HortonSupreme Court of Minnesota · 1884
- North Star Boot & Shoe Co. v. LaddSupreme Court of Minnesota · 1884
- Glasser v. O'BrienSupreme Court of Minnesota · 1927
- First National Bank v. WigginsSupreme Court of Minnesota · 1922
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