Crow v. Zollars
South Dakota Supreme Court
Appeal from circuit court, Pennington county. Hon. William Gardner, Judge. Action by Elmer E. Crow against Lafayette Zollars, as sheriff of Pennington county, for the alleged conversion of certain personal property. Prom a judgment directing a ver diet for defendant, plaintiff appeals. The facts are stated in the opinion.
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Appeal from circuit court, Pennington county. Hon. William Gardner, Judge. Action by Elmer E. Crow against Lafayette Zollars, as sheriff of Pennington county, for the alleged conversion of certain personal property. Prom a judgment directing a ver diet for defendant, plaintiff appeals. The facts are stated in the opinion. Where • the instrument is silent as to the location of the property mortgaged, the presumption is that the property is situate in the county where the mortgage was executed. Cob-bey Chattel Mortgage, Sec. 179; Adaips v. Hill, 10 Kan. 627; Broch v. Barr, 80 N. W. 652;…
1Opinion of the CourtHaney, J.
'This is an action of conversion against the sheriff for seizing and selling certain personal property under an execution upon which plaintiff claims a lien as mortgagee. *205The trial court held the mortgage to be invalid because of uncertainty in the description of the property,' refused to receive it in evidence, and directed a verdi(?t for defendant.
The mortgage was duly executed, and filed in the county where the property was situated and the parties resided when it was executed and at all times referred to herein. The property involved in this action is thus described: “Ten head of steers…
2Cases cited4 opinions
- Plano Manufacturing Co. v. GriffithSupreme Court of Iowa · 1888
- Clapp v. TrowbridgeSupreme Court of Iowa · 1888
- Gammon v. BullSupreme Court of Iowa · 1892
- Cole v. GreenSupreme Court of Iowa · 1889
3Cited by3 opinions
- Longerbeam v. HustonSouth Dakota Supreme Court · 1905
- First State Bank v. Farmers Co-Op. Elevator Co.North Dakota Supreme Court · 1930
- First State Bank of New Salem v. Farmers Co-operative Elevator Co.North Dakota Supreme Court · 1930