Legal Opinion

Longey v. Leach

Supreme Court of Vermont

Decided January 15, 1885PublishedCited by 9 opinions

Trespass and trover for a horse. Heard on a referee’s report, September Term, 1881, Royce, Ch. J., presiding. Judgment for the plaintiff.

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Trespass and trover for a horse. Heard on a referee’s report, September Term, 1881, Royce, Ch. J., presiding. Judgment for the plaintiff. On February 20, 1883, Joseph Longey, owning a gray horse, purchased a bay horse of defendant Emma, and gave her the following writing (the note on demand): * * * “ Said horse is to be and remain her property until said note is fully paid; and as a further security for the payment of said note I hereby sell and deliver to said Emma S. Leach one gray horse, now owned by me; and in case I do not pay said note as agreed, and take good and prudent care of said…

1Opinion of the Court

The opinion of the court was delivered by

Powers, J.

Our chattel mortgage act makes all mortgages of personal property invalid as to all persons except the mortgagor, unless the mortgaged goods pass into the possession of the mortgagee, or a registry of the mortgage be made in the proper town clerk’s office. Hence notice to a mortgagee, who observes the statute, of a prior unrecorded mortgage, is merely notice of a conveyance that the law declares to be inoperative against him.

The bill of sale, therefore, of the gray horse executed by Joseph Longey to the defendant February 20, 1883, though…

2Cited by9 opinions

  1. Paska v. SaundersSupreme Court of Vermont · 1931
  2. Cone v. IvinsonWyoming Supreme Court · 1893
  3. Merchants & Planters Bank v. MeyerSupreme Court of Arkansas · 1892
  4. Whiting v. AdamsSupreme Court of Vermont · 1894
  5. Hunt v. AllenSupreme Court of Vermont · 1901

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