Moore v. Ellison

The plaintiff in error (plaintiff below) sued to recover from the defendant the possession of an automobile, claimed by the plaintiff by virtue of a chattel mortgage executed by one Harvey. The mortgage was recorded, and was lawfully extended several times. While the mortgage was in force, the defendant bought the automobile from Harvey without actual notice of the mortgage. His attorneys admit that the mortgage, by its terms, not only did not permit a sale, but expressly provided that the automobile should not be sold without the written consent of the mortgagee. They contend, however, that…