Newman v. Tymeson
Wisconsin Supreme Court
APPEAL from tbe Circuit Court for Kenosha County. Joseph Newman gave a mortgage to one Henry B. Marsh, upon certain personal property described in a schedule attached.
Read the full summary
APPEAL from tbe Circuit Court for Kenosha County. Joseph Newman gave a mortgage to one Henry B. Marsh, upon certain personal property described in a schedule attached. He afterwards, on the same day, made a mortgage to the plaintiff, James Newman, upon property described as being “the personal property specified in the schedule attached to a chattel mortgage this day given by me to Henry B. Marsh, after the said Marsh’s debt is paid, if any property or money shall remain after it is paid.” These mortgages were filed in the proper office on the day they were made, the mortgage to Marsh being…
1Opinion of the Court
By the Court,
DixoN, O. J.
The chattel mortgage executed by Joseph Hewman to the appellant, was not void for uncertainty. It has ever been considered a sufficient description of the property conveyed by a deed or other instrument, to refer in it to another deed or writing, which is accurately pointed out, and which contains a proper description, and say that such is tbe property sold or intended soto be. Such a conveyance is not ambiguous or uncertain, because tbe means of ascertaining tbe true intention of tbe parties are clearly indicated on tbe face of it. Coats vs. Taft, [12 Wis., 388]. As…
2Cases cited3 opinions
- Welch v. SackettWisconsin Supreme Court · 1860
- Frisbee v. LangworthyWisconsin Supreme Court · 1860
- Coats v. TaftWisconsin Supreme Court · 1860
3Cited by19 opinions
- Merchants & Planters Bank v. MeyerSupreme Court of Arkansas · 1892
- Rupert v. PennerNebraska Supreme Court · 1892
- Thompson v. AndersonSupreme Court of Iowa · 1895
- East Coast Lumber Co. v. Ellis-Young Co.Supreme Court of Florida · 1908
- Milwaukee & Minnesota Railroad v. Milwaukee & Western RailroadWisconsin Supreme Court · 1865
14 more not listed; retrieve them via the Exa API.