First National Bank v. North
South Dakota Supreme Court
Appeal from circuit court, Lincoln county. Hon. E. G. Smith, Judge. Action to recover possession of a stock of goods under a chattel mortgage. Judgment for plaintiff. Defendant appeals. The facts are fully stated in the opinion. If it specifically appears that the plaintiff- was the owner and in possession of the property, or entitled to possession, allegation of possession is unnecessary.
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Appeal from circuit court, Lincoln county. Hon. E. G. Smith, Judge. Action to recover possession of a stock of goods under a chattel mortgage. Judgment for plaintiff. Defendant appeals. The facts are fully stated in the opinion. If it specifically appears that the plaintiff- was the owner and in possession of the property, or entitled to possession, allegation of possession is unnecessary. G-are v. Wayland, 31 N. W. 108; Bank v. Farmer, 40 N. W. 345. The debt for which the mortgage was given was past due and the presumption of law would be that it had been paid. Marcuns v. Coleman, 19 Pac.…
1Opinion of the CourtKellam, P. J.
The respondent bank, plaintiff below, brought this action against appellant, defendant below, to recover possession of a stock of goods, cl aiming the same under a chattel mortgage made to it thereon by M. B. Dean & Co., who it is conceded were the owners of the goods. The mortgage was set out in the complaint. Appellant was the sheriff of Lincoln county, and claimed to hold the goods under an attachment, and that respondent’s mortgage was void for the reason that it could not be reasonably gathered therefrom who was the mortgagee therein, and that it was fraudulent and void *483as against the…
2Cases cited12 opinions
- Slaughter's Administrator v. GersonSupreme Court of the United States · 1872
- People's Savings Bank v. BatesSupreme Court of the United States · 1887
- Medway Cotton Manufactory v. AdamsMassachusetts Supreme Judicial Court · 1813
- Taylor v. . GuestNew York Court of Appeals · 1874
- Bulger v. . RosaNew York Court of Appeals · 1890
7 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Berg v. EricksonCourt of Appeals for the Eighth Circuit · 1916
- Farleigh v. KelleyMontana Supreme Court · 1903
- Share v. CoatsSouth Dakota Supreme Court · 1912
- Kilby Mfg. Co. v. Hinchman-Renton Fire Proofing Co.Court of Appeals for the Eighth Circuit · 1904
- Noyes v. BeldingSouth Dakota Supreme Court · 1894
11 more not listed; retrieve them via the Exa API.