Weir v. Rathbun

The opinion of the court was delivered by

Hoyt, C. J.

Respondent was the owner of certain personal property. He sold it to one. T. A. Crisman and in part payment therefor took certain promissory notes made by said Crisman and secured by mortgage upon the property sold. Afterwards, upon the payment of part of the sum secured by the mortgage, some of the property was released. The remainder carné into possession of one David Boger, with whom the appellant entered into negotiations for its purchase, and, having knowledge that Boger’s.title was subject to the mortgage to respondent, went to him for…