Carroll v. Nisbet
South Dakota Supreme Court
Appeal from circuit court, Minnehaha county. Hon. J. W. Jones, Judge. Action in claim and delivery. Defendant had judgment upon a verdict; directed by the court, and plaintiff appeals. The facts are stated in the opinion.
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Appeal from circuit court, Minnehaha county. Hon. J. W. Jones, Judge. Action in claim and delivery. Defendant had judgment upon a verdict; directed by the court, and plaintiff appeals. The facts are stated in the opinion. Where personal property has been mortgaged, and left in the possession of the mortgagor, and the mortgage is duly recorded, a subsequent removal of the mortgagor to another state does not make a new record of the mortgage necessary in the county and state to which the mortgagor has removed with the property. The rule of caveat emptor applies in such case. Keenan v. Stimson,…
1Opinion of the CourtPuller, J.
By virtue of a mortgage lien creating a special property in certain threshing machinery, consisting of an engine and separator, plaintiff commenced this action in claim and delivery to recover the immediate actual possession of said property in aid of a statutory foreclosure proceeding. Upon all the evidence introduced at the trial under the complaint and answer, which was a general denial, the court directed a verdict for the defendant; and this appeal is by plaintiff from a judgment accordingly entered, and from an order overruling a motion for a new trial.
As no question concerning the…
2Cases cited4 opinions
- Pierce v. ManningSouth Dakota Supreme Court · 1892
- Barnard & Leas Manuf'g Co. v. GallowaySouth Dakota Supreme Court · 1894
- Jones Lumber & Mercantile Co. v. FarisSouth Dakota Supreme Court · 1894
- Sioux Banking Co. v. KendallSouth Dakota Supreme Court · 1895
3Cited by12 opinions
- Keyes v. BaskervilleSouth Dakota Supreme Court · 1919
- Whaley v. VidalSouth Dakota Supreme Court · 1910
- Emerson-Brantingham Implement Co. v. AinslieSouth Dakota Supreme Court · 1917
- Mosko v. SmithWyoming Supreme Court · 1947
- Westphal v. NelsonSouth Dakota Supreme Court · 1910
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