Shoecraft v. Beard
Nevada Supreme Court
Appeal from the District Court of the State of Nevada, Elko. County. R. R. Bigelow, District Judge. The facts are sufficiently stated in the opinion. I. The rights of the parties are to be clearly distinguished from the rights which would have accrued to them had the transaction been a trust. The mortgagee’s possession is adverse as soon as he enters for condition broken, and the statute of limitations then commences, to run against the mortgageor’s equity of redemption.
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Appeal from the District Court of the State of Nevada, Elko. County. R. R. Bigelow, District Judge. The facts are sufficiently stated in the opinion. I. The rights of the parties are to be clearly distinguished from the rights which would have accrued to them had the transaction been a trust. The mortgagee’s possession is adverse as soon as he enters for condition broken, and the statute of limitations then commences, to run against the mortgageor’s equity of redemption. The possession of a trustee of an express trust does not become adverse until the trustee repudiates the trust, and claims…
1Opinion of the Court
By the Court,
Hawlbv, J.:
This action was commenced January 7, 1886, to redeem certain personal property from the lien of a chattel mortgage executed May 16, 1879. The cause was tried before the court without a jury. The court found “that on the sixteenth day of May, 1879, the plaintiff was the owner of about twenty-six head of hdrses, described in the complaint; * * * on that day he delivered them to defendants as security for the payment of the sum of three hundred and seventy-nine dollars, to be paid by the plaintiff; that the defendants took possession of the horses, and have kept…
2Cases cited5 opinions
- Vroom v. DitmasNew York Court of Chancery · 1834
- Raynor v. DrewCalifornia Supreme Court · 1887
- Cookes v. CulbertsonNevada Supreme Court · 1874
- Bryant v. Carson River Lumbering Co.Nevada Supreme Court · 1867
- Davis v. DuffieThe Superior Court of New York City · 1861
3Cited by4 opinions
- El Ranco, Inc. v. NEW YORK MEAT AND PROVISION CO.Nevada Supreme Court · 1972
- Streeter v. JohnsonNevada Supreme Court · 1896
- State v. BachaNevada Supreme Court · 1921
- El Ranco, Inc. v. NEW YORK MEAT AND PROVISION CO.Nevada Supreme Court · 1972