Kinney v. First National Bank of Rock Springs
Wyoming Supreme Court
Error to the District Court, Sweetwater County, Hon. David H. Craig, Judge. The bank sued to recover damages for the conversion of certain sheep. On April 6, 1895, to secure a note due in one year, one Edward S. Murray mortgaged to the bank all his sheep, recited to be about 10,500 head.
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Error to the District Court, Sweetwater County, Hon. David H. Craig, Judge. The bank sued to recover damages for the conversion of certain sheep. On April 6, 1895, to secure a note due in one year, one Edward S. Murray mortgaged to the bank all his sheep, recited to be about 10,500 head. The mortgage was afterwards renewed by filing the statutory affidavit continuing it in force to April 6, 1897. On February 17, 1897, Murray agreed to turn over all the sheep, supposed at that time to be about 7,700, to the bank, and it was to give him credit upon his note and mortgage at the rate of $2.25 a…
1Opinion of the CourtCorn, Justice
(after stating the facts as above).
There is no material disagreement as to the facts of this case, and, in our opinion, there is but one question involved: Was there a sale and delivery of the mortgaged property by the mortgagor to the mortgagee, such as would pass title to it as against an execution creditor of the mortgagor ?
That there was a contract of sale by which the bank was to receive all the mortgaged sheep, supposed to be about 7,700, head, and give the mortgagor, Murray, credit upon his indebtedness at the agreed rate per head, there can be no question under the evidence. The…
2Cases cited1 opinion
- Toms v. WhitmoreWyoming Supreme Court · 1896