Silsby v. Aldridge
Washington Supreme Court
Error to District Court, Thurston County. Action of replevin by Aldridge and others against Silsby to recover two oxen and their yoke, mortgaged to plaintiffs by third persons, and afterwards delivered by mortgagors to defendant, though the debt was not yet due, and the mortgage contained the usual provision against removal and disposition by the mortgagors. The mortgagee is not in a position to maintain replevin.
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Error to District Court, Thurston County. Action of replevin by Aldridge and others against Silsby to recover two oxen and their yoke, mortgaged to plaintiffs by third persons, and afterwards delivered by mortgagors to defendant, though the debt was not yet due, and the mortgage contained the usual provision against removal and disposition by the mortgagors. The mortgagee is not in a position to maintain replevin. His remedy is by foreclosure, which is an equitable action, admirably fitted for trying the rights of all parties who claim an interest in the subject-matter. Code Wash. T., H 1986,…
1Opinion of the Court
The opinion of the court was delivered by
Stiles, J.
Plaintiffs in the court below alleged that they were the owners of two oxen and their yoke, which property the defendant had taken into his possession unlawfully and without plaintiffs’ consent, and they demanded the return of the property. Defendant denied the ownership of the property by plaintiffs, and the unlawfulness of the taking, and alleged title in himself. At the trial, plaintiffs, to sustain their allegation of ownership produced, and, over the objection of the defendant, were allowed to put in evidence a chattel mortgage executed…
2Cases cited2 opinions
- Marsh v. WadeWashington Supreme Court · 1889
- Byrd v. Forbes, Washington Territory1887
3Cited by12 opinions
- Sayward v. NunanWashington Supreme Court · 1893
- Wintler Abstract & Loan Co. v. SearsWashington Supreme Court · 1919
- Voorhies v. HennessyWashington Supreme Court · 1893
- Bollen v. Wilson Creek Union Grain & Trading Co.Washington Supreme Court · 1916
- Binnian v. BakerWashington Supreme Court · 1893
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