Horton v. Williams
Supreme Court of Minnesota
Replevin for a pair of horses and a double harness. Plaintiff claimed title from one Sleator, by a chattel mortgage of this and other property, made November 15, 1869, and filed November 18, in the town of Rock Dell, where Sleator resided, and also by a bill of sale made September 11, 1871. Defendant claimed title from Sleator by a chattel mortgage of the horses only, made November 18, 1870. Sleator’s farm, where he kept the horses in his possession until they were taken…
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Replevin for a pair of horses and a double harness. Plaintiff claimed title from one Sleator, by a chattel mortgage of this and other property, made November 15, 1869, and filed November 18, in the town of Rock Dell, where Sleator resided, and also by a bill of sale made September 11, 1871. Defendant claimed title from Sleator by a chattel mortgage of the horses only, made November 18, 1870. Sleator’s farm, where he kept the horses in his possession until they were taken from him by defendant, September 30, 1871, was partly in Eock Dell, and partly in the town of High Forest. In his mortgage…
1Opinion of the Court
Young. J.
The plaintiff’s testimony as to the situation of the horses when his mortgage was made, was incompetent, being mere hearsay; but it was proved that Sleator, the mortgagor, resided on a farm at Bock Dell, in which town the plaintiff’s mortgage was filed. No attempt was made to prove that the horses were not at Bock Dell when the mortgage was executed, and in the absence of any evidence as to the precise situation of the horses, it is to be presumed that, being chattels personal, they were, as the mortgage says they were,- at the place of the owner’s residence. Had the plaintiff’s…
2Cases cited17 opinions
- Smith & Hoe v. AckerCourt for the Trial of Impeachments and Correction of Errors · 1840
- Gardner v. . McEwenNew York Court of Appeals · 1859
- Edgell v. . HartNew York Court of Appeals · 1853
- Russell v. . WinneNew York Court of Appeals · 1868
- Hall v. . SampsonNew York Court of Appeals · 1866
12 more not listed; retrieve them via the Exa API.
3Cited by43 opinions
- Wilson v. VoightSupreme Court of Colorado · 1886
- Wallach v. WylieSupreme Court of Kansas · 1882
- Bradway v. WaddellIndiana Supreme Court · 1884
- Barrett v. MagnerSupreme Court of Minnesota · 1908
- Bannon v. BowlerSupreme Court of Minnesota · 1886
38 more not listed; retrieve them via the Exa API.