Dickerson v. Cleland

The opinion of the Court was delivered by

Mr. Justice Fraser.

This is an action for claim and delivery. The cardinal facts are few and undisputed. G. W. Burdett executed a chattel mortgage to the appellant on two horses. Subsequently he executed a mortgage to the respondent. The appellant, the owner of the senior mortgage, foreclosed his mortgage, and at the foreclosure sale the two horses were sold together. The respondent was present at the sale, made no objection to the sale of the two horses together, but bid at the sale. The appellant bid in the horses, being the highest bidder. Some time…