Smith v. Consolidated Wagon & Machine Co.
Idaho Supreme Court
APPEAL from the District Court of the Fourth Judicial District, for Twin Falls County. Hon. Chas. O. Stockslager, Judge. Suit to enjoin sale of mortgaged property. Judgment for plaintiff. Under sec. 3419, Rev. Codes, the sale or transfer by Ewing to Smith is void and the mortgagor, Ewing, is guilty of larceny. (Siudebaker Bros. Go. v. Mom, 13 Wyo. 358, 110 Am.
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APPEAL from the District Court of the Fourth Judicial District, for Twin Falls County. Hon. Chas. O. Stockslager, Judge. Suit to enjoin sale of mortgaged property. Judgment for plaintiff. Under sec. 3419, Rev. Codes, the sale or transfer by Ewing to Smith is void and the mortgagor, Ewing, is guilty of larceny. (Siudebaker Bros. Go. v. Mom, 13 Wyo. 358, 110 Am. St. 1001, 80 Pac. 151.) A creditor of the mortgagor attaching the property of a purchaser of it must look to the title. The purchaser or creditor is bound to inquire at the former residence of the owner for encumbrances there recorded.…
1Opinion of the CourtMorgan, J.
On May 21, 1913, D. J. Ewing and his wife, who resided in Salt Lake City, Utah, made, executed and delivered to appellant, Consolidated Wagon & Machine Company, a Utah corporation, a mortgage on a certain mare to secure the payment of $155, being the purchase price3 of a wagon and harness. The mortgage was duly witnessed and it was provided therein, among other things, that the mare should remain in possession of the mortgagors.
On or about September 3, 1913, Ewing, who had theretofore, without the knowledge or consent of appellant corporation, removed with the mortgaged property to Twin Falls…
2Cases cited10 opinions
- Smith & Co. v. McLeanSupreme Court of Iowa · 1868
- Hornthal v. . BurwellSupreme Court of North Carolina · 1891
- Shapard v. HynesCourt of Appeals for the Eighth Circuit · 1900
- Ames Iron Works v. WarrenIndiana Supreme Court · 1881
- Handley v. HarrisSupreme Court of Kansas · 1892
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3Cited by3 opinions
- Globe Grain & Milling Co. v. De Tweede Northwestern & Pacific HypotheekbankCourt of Appeals for the Ninth Circuit · 1934
- Moore v. Keystone Driller Co.Idaho Supreme Court · 1917
- PACIFIC FINANCE CORPORATION v. AxelsenIdaho Supreme Court · 1962