W. W. Kimball Co. v. Kirby
South Dakota Supreme Court
Appeal from circuit court, Minnehaha county. Hon. F. R. Aikens, Judge. Action in replevin by the W. W. Kimball Company against Jpe Kirby, to recover possession of a piano. Defendant had judgment, from which and an order denying a new trial plaintiff appeals. A chattel mortgage is complete as between the parties and those charged with actual notice of it without any witnesses. The provisions of Sec. 4384, Comp.
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Appeal from circuit court, Minnehaha county. Hon. F. R. Aikens, Judge. Action in replevin by the W. W. Kimball Company against Jpe Kirby, to recover possession of a piano. Defendant had judgment, from which and an order denying a new trial plaintiff appeals. A chattel mortgage is complete as between the parties and those charged with actual notice of it without any witnesses. The provisions of Sec. 4384, Comp. Laws, in regard to the witnessing of the signature of a mortgagor simply prescribes a formality essential to entitle the instrument to be recorded, and do not effect the validity of the…
1Opinion of the CourtKellam, J.
The appellant was the holder, as assignee, of a written instrument in the form of a chattel mortgage. It was signed by the party described as mortgagor in.the presence of one person only, who attested the same as a witness.. A copy was filed in the office of the register of deeds of the proper *154county. Subsequently the property described in such instrument was levied upon by respondent under an execution against the maker, and at the sale the respondent becamethe purchaser, and took possession of the same. The appellant, after demand and refusal, brought an action to recover possession,…
2Cases cited9 opinions
- Freiberg, Kline & Co. v. MagaleTexas Supreme Court · 1888
- Brothers v. Mundell, Munzesheimer & Co.Texas Supreme Court · 1883
- Farmers' Loan & Trust Co. v. HendricksonNew York Supreme Court · 1857
- Allen v. McCallaSupreme Court of Iowa · 1868
- Dyer v. ThorstadSupreme Court of Minnesota · 1886
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3Cited by11 opinions
- Hollenbeck v. LoudenSouth Dakota Supreme Court · 1915
- Hanson v. BlumNorth Dakota Supreme Court · 1926
- Pierson v. HickeySouth Dakota Supreme Court · 1902
- Walklin v. HorswillSouth Dakota Supreme Court · 1909
- Aultman Engine & Thresher Co. v. YoungSouth Dakota Supreme Court · 1910
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