Elder v. Miller
Supreme Judicial Court of Maine
On exceptions to the rulings of Groddard, J., of the superior court for this county, who reported the case as follows: Trover for two horses. Plea, general issue. Plaintiffs claim as mortgagees, by virtue of a mortgage dated Dec. 3, 1870. Defendant claims by purchase from the mortgagors, made after recording of the mortgage, he being ignorant of its existence. And it was shown as follows: Mortgagees never took actual possession of the mortgaged property.
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On exceptions to the rulings of Groddard, J., of the superior court for this county, who reported the case as follows: Trover for two horses. Plea, general issue. Plaintiffs claim as mortgagees, by virtue of a mortgage dated Dec. 3, 1870. Defendant claims by purchase from the mortgagors, made after recording of the mortgage, he being ignorant of its existence. And it was shown as follows: Mortgagees never took actual possession of the mortgaged property. In October, 1870, the mortgagors purchased from Geo. B. Jordan & Co. certain stable property, including eight horses, two of which were the…
1Opinion of the CourtAppleton, C. J.
This is an action of trover for two horses. The plaintiffs claim under a mortgage from Jordan & Rice, dated Dec. 3, 1870, and duly recorded.
The defendant claims as a purchaser of the horses in controversy subsequently to the recording of the mortgage.
Jordan & Rice, at the time of giving the mortgage to the plaintiff, were keeping a livery stable. The mortgagors describe the stable, the property mortgaged, as carriages, phaetons, eight horses, etc., ‘ the said property being the same now in said building or stable.’
*120The only objection taken to the plaintiff’s right to recover, is that the…
2Cited by4 opinions
- Alferitz v. IngallsU.S. Circuit Court for the District of Nevada · 1897
- Rawlins v. T. P. Kennard & SonNebraska Supreme Court · 1889
- Chase v. WilcoxDistrict Court, D. Maine · 1927
- Rudisell v. JenningsIndiana Court of Appeals · 1906