Cassidy v. Harrelson
Colorado Court of Appeals
Error to District Court of Las Animas County. On the 7th of August, 1889, Harrelson, the defendant in error, brought an action of replevin against Samuel T. Smith to recover possession of twenty-two head of horses, and a herd of range cattle branded with what is known as the “ curry comb ” brand on the right side, and certain described ear-marks.
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Error to District Court of Las Animas County. On the 7th of August, 1889, Harrelson, the defendant in error, brought an action of replevin against Samuel T. Smith to recover possession of twenty-two head of horses, and a herd of range cattle branded with what is known as the “ curry comb ” brand on the right side, and certain described ear-marks. The cattle were running on what is known as the “ Carrizo Eange ” in Las Animas county, along a creek by that name, and in a very extensive country of almost one hundred miles square. Harrelson based his right to recover on a chattel mortgage dated…
1Opinion of the CourtBissell, J.
The facts remove this case largely from the region of dispute and disagreement which generally characterize the decisions concerning the rights of holders of mortgages on chattels. The date, record, and validity of the Harrelson mortgage were either conceded or established, .and the3r gave to the holder of that security an unquestionable and prior lien on the property, unless it was subsequently lost. The mortgage was executed on the 19th day of November, 1888, and recorded in the proper office. It *461was given to secure an indebtedness about which there is no dispute. The finding of the court…
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