First National Bank of Redfield v. Koechel
South Dakota Supreme Court
Appeal from circuit court, Spink county. Hon. A. W. Campbell, Judge. Action in claim and delivery. Defendant had judgment, and plaintiff appeals. The facts are stated in the opinion. If there was any question of identity of the property, it was for the jury. Cobbey Chat.
Read the full summary
Appeal from circuit court, Spink county. Hon. A. W. Campbell, Judge. Action in claim and delivery. Defendant had judgment, and plaintiff appeals. The facts are stated in the opinion. If there was any question of identity of the property, it was for the jury. Cobbey Chat. Mortgages, § 160. Peterson v. Foie, .25 N. W. 677; Andregg v. Brunskiel, 54 N. W. 135. If the mortgage be not wholly accurate as to description, still if enough is given to correctly describe the property, the incorrect portion may be rejected as surplusage and the mortgage will be sustained. 1 Cobbey Chat. Mort., 174;…
1Opinion of the CourtHaney, J.
This is an action in claim and delivery to recover possession of a colt. Plaintiff claims under a chattel mortgage; defendant as a subsequent purchaser, without notice. The only question involved is the sufficiency of the description in the mortgage. An instrument, duly executed by J. M. Carico and S. E. Beddow, and filed in the proper county, mortgages to plaintiff property described as follows: “One black mare, 3 years old, weight 950 lbs.; one mouse color mare, 3 years old, weight 900 lbs.; one buckskin mare, 7 years old, weight 900 lbs.; one yearling colt, color sorrel, 4 white feet; one…
2Cases cited3 opinions
- Yant v. HarveySupreme Court of Iowa · 1880
- King v. C. Aultman & Co.Supreme Court of Kansas · 1880
- Adamson v. FaganSupreme Court of Minnesota · 1890
3Cited by10 opinions
- Theodore Hamm Brewing Co. v. FlagstadSupreme Court of Iowa · 1918
- Dorman v. Crooks State BankSouth Dakota Supreme Court · 1929
- Albien v. SmithSouth Dakota Supreme Court · 1909
- Commercial State Bank v. Interstate Elevator Co.South Dakota Supreme Court · 1901
- Coughran v. SundbackSouth Dakota Supreme Court · 1897
5 more not listed; retrieve them via the Exa API.