Chadbourn v. Rahilly
Supreme Court of Minnesota
•Tohn Rahilly, defendant in this action, being indebted to the plaintiff, gave to her his note, signed by intervenor and P. M. Tolbert as sureties. To secure his sureties, defendant gave to them a chattel mortgage upon certain personal property, which was filed February 16, 1877. On February 19, 1877, to secure an indebtedness of' $2,000, there was filed a second chattel mortgage, on the same-property, made by defendant Rahilly to the intervenor.
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•Tohn Rahilly, defendant in this action, being indebted to the plaintiff, gave to her his note, signed by intervenor and P. M. Tolbert as sureties. To secure his sureties, defendant gave to them a chattel mortgage upon certain personal property, which was filed February 16, 1877. On February 19, 1877, to secure an indebtedness of' $2,000, there was filed a second chattel mortgage, on the same-property, made by defendant Rahilly to the intervenor. On February 14, 1879, both of these mortgages were renewed and filed, as stated in the opinion. In September, 1879, plaintiff commenced an action…
1Opinion of the Court
Gilfillan, C. J.*
Action in replevin. The plaintiff claims the property under a chattel mortgage executed by John Bahilly, the owner, to the intervenor, P. H. Bahilly, and P. M. Tolbert, to indemnify them as sureties in a note executed by them, as sureties, and John Bahilly, as principal, to plaintiff, and which mortgage was by such sureties assigned to plaintiff. The intervenor claims under a chattel mortgage executed by John Bahilly to him, to secure a debt due from the former to him, and which mortgage he claims to be a lien prior to the lien of the plaintiff’s mortgage. The mortgages were…
2Cited by2 opinions
- Corbin v. KincaidSupreme Court of Kansas · 1885
- Minor v. SheehanSupreme Court of Minnesota · 1883