Schlessinger v. Cook
Wyoming Supreme Court
Eeeoe to the District Court, Weston County, Hon. Joseph L. Stotts, Judge. The case and the material facts were stated by Mr. Justice Corn, who delivered the opinion as follows: — The plaintiff in error, who was also the plaintiff below, brought suit in replevin against the defendant to recover possession of one thousand head of sheep and three hundred and seventy-five lambs, their increase for the spring of 1895. The plaintiff’s petition-sets out that he claims the property…
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Eeeoe to the District Court, Weston County, Hon. Joseph L. Stotts, Judge. The case and the material facts were stated by Mr. Justice Corn, who delivered the opinion as follows: — The plaintiff in error, who was also the plaintiff below, brought suit in replevin against the defendant to recover possession of one thousand head of sheep and three hundred and seventy-five lambs, their increase for the spring of 1895. The plaintiff’s petition-sets out that he claims the property by virtue of the terms of a certain chattel mortgage executed and delivered by the defendant to one Reynolds as security…
1Opinion of the Court
CoRN, Justice.
(after stating the facts.)
It is admitted by the pleadings in this case that the note and chattel mortgage were executed and delivered by the defendant to the mortgagee for an adequate consideration, *264and it is not denied that the note is entirely unpaid, as alleged in plaintiff’s petition.
It is the general rule that an instrument intended to operate as a chattel mortgage is valid between the parties upon its execution and delivery, although the requirements of statute with reference to acknowledgment and recording are not complied with. 1 Cobbey Chat. Mort., 404. And our statute…
2Cases cited1 opinion
- Blue Valley Bank v. Clement Bane & Co.Nebraska Supreme Court · 1886
3Cited by9 opinions
- Boswell v. First National Bank of LaramieWyoming Supreme Court · 1907
- Coones v. Federal Deposit Insurance Corp.Wyoming Supreme Court · 1993
- McDaniel v. HoblitWyoming Supreme Court · 1926
- Holland Furnace Co. v. BirdWyoming Supreme Court · 1933
- Yellowstone Sheep Co. v. EllisWyoming Supreme Court · 1939
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