Champlin v. Johnson
New York Supreme Court
APPEAL from a judgment of the county court of Sullivan county. On the 19th of November, 1860, Lucas Clark was indebted to Eobert T. Grant in the sum of one hundred dollars, and being at that time in the occupation and possession of a farm of land and certain personal property, he executed and delivered to the said Grant a chattel mortgage covering two heifers.
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APPEAL from a judgment of the county court of Sullivan county. On the 19th of November, 1860, Lucas Clark was indebted to Eobert T. Grant in the sum of one hundred dollars, and being at that time in the occupation and possession of a farm of land and certain personal property, he executed and delivered to the said Grant a chattel mortgage covering two heifers. By the terms of this mortgage the said sum was to be paid in six months thereafter, with interest, and Clark was to remain in possession of the property until default in payment; and in case of default the mortgagee had the right to…
1Opinion of the Court
By the Court,
Miller, J.
The amount secured by the chattel mortgage had been due for some time, and the property remained in the possession of the mortgagor when levied on and sold. The principal question presented is, whether *608under such circumstances the mortgagor had such an interest in the property covered by the mortgage as was liable to be seized by virtue of an execution against him.
I. Until a chattel mortgage becomes absolute by the nonperformance of the condition of the mortgage, the mortgagor has such an interest in the chattels mortgaged as is liable to levy and sale on execution, and…
2Cases cited8 opinions
- Langdon v. BuelNew York Supreme Court · 1832
- Brown v. Bement & StrongNew York Supreme Court · 1811
- Goulet v. . AsselerNew York Court of Appeals · 1860
- Hull v. . CarnleyNew York Court of Appeals · 1858
- Otis v. WoodNew York Supreme Court · 1830
3 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Kimball v. Farmers & Mechanics' National BankNew York Court of Appeals · 1893
- Chamberlain v. MartinNew York Supreme Court · 1865
- Porter v. ParmleyThe Superior Court of New York City · 1872
- Norris v. SowlesSupreme Court of Vermont · 1885
- Kleinberger v. BrownThe Superior Court of the City of New York and Buffalo · 1890
2 more not listed; retrieve them via the Exa API.