Moore v. Keystone Driller Co.
Idaho Supreme Court
APPEAL from the District Court of the Fourth Judicial District, for Twin Falls County. Hon. Wm. A. Babcock, Judge. Action to enjoin sale of mortgaged property. Judgment for plaintiffs. Possession of personal property is mere prima facie evidence of ownership.
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APPEAL from the District Court of the Fourth Judicial District, for Twin Falls County. Hon. Wm. A. Babcock, Judge. Action to enjoin sale of mortgaged property. Judgment for plaintiffs. Possession of personal property is mere prima facie evidence of ownership. If the holder of the property has recently come from an adjoining state, there may be a mortgage upon the property in that state, and a purchaser or creditor must exercise his diligence by inquiring there whether the property is encumbered. (Jones on Chattel Mortgages, 260A; Studebaker Bros. Co. v. Man, 13 Wyo. 358, 110 Am. St. 1001, 80…
1Opinion of the CourtMorgan, J.
On April 28, 1909, respondent, Moore, executed and delivered to appellant, Keystone Driller Company, hereinafter called the company, three promissory notes for $284.97 each in Lawrence county, Missouri, and at the same time and place, to secure the payment thereof, executed, acknowledged and delivered to the company a chattel mortgage upon a drilling outfit situated in that county and state. The mortgage was duly recorded in accordance with the laws of the state of Missouri relating to chattel mortgages on April 30, 1909, and shortly thereafter Moore removed the property to Twin Falls county,…
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