Simon Vorenberg, Co. v. Bosserman
New Mexico Supreme Court
Appeal from the District Court, of Mora County, before D. J. Leahy, D. J. The judgment must be predicated upon the ground that a defectively acknowledged chattel mortgage is superior to the lien of an attaching creditor without actual notice. Secs. 2361, 3949, C. L. 1897; sec. 1, chap. 14, laws of 1907; Green v. Van Briskirk, 7 Wall. 150; Cobbey on Chattel Mortgages, sec. 475. The chattel mortgage in question here is fatally defective.
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Appeal from the District Court, of Mora County, before D. J. Leahy, D. J. The judgment must be predicated upon the ground that a defectively acknowledged chattel mortgage is superior to the lien of an attaching creditor without actual notice. Secs. 2361, 3949, C. L. 1897; sec. 1, chap. 14, laws of 1907; Green v. Van Briskirk, 7 Wall. 150; Cobbey on Chattel Mortgages, sec. 475. The chattel mortgage in question here is fatally defective. C. L. 1897, sec. 3949; 1 A. & B. Enc. of Law, 544-545; Clarke v. Graham, 6 Wheat. 579; Lewis v. Herrera, 208 U. S. 313; Summers v. White, 71 Bed. 106; Hendon…
1Opinion of the Court
OPINION OP THE COURT.
PARKER, J.
Appellants levied an attachment on a-quantity of wool owned by O. S. and O. G. Keysor, partners • as Keysor Brothers. Appellee intervened, setting up a-chattel mortgage upon certain property described therein as follows:
“(1500) Fifteen hundred head of improved New Mexico, 3 year old ewes, together with increase, and branded “O’” on -right hip. Also wool clip from above ewes. The above ewes are now located on Keysor Bros. Ranch, 11 miles southeast of Wagon Mound, Mora County, New Mexico, together with all increase and offspring of said live stock.”'
The wool…
2Cases cited4 opinions
- Alferitz v. BorgwardtCalifornia Supreme Court · 1899
- Stringfellow v. SorrellsTexas Supreme Court · 1891
- Alferitz v. IngallsU.S. Circuit Court for the District of Nevada · 1897
- Libert v. UnfriedWashington Supreme Court · 1907
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- United States v. M. Leroy Evans and Flora J. Evans, His WifeCourt of Appeals for the Tenth Circuit · 1957
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