Brereton v. Bennett
Supreme Court of Colorado
Appeal from, Superior Court of Dewoer. The controversy in this case is over the priority of lien of different chattel mortgages.
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Appeal from, Superior Court of Dewoer. The controversy in this case is over the priority of lien of different chattel mortgages. On the 23d day of June, 1887, one C. P. Shore, the owner of the property in controversy, executed and delivered to appellant, S. W. Brereton, a chattel mortgage on the same to secure the payment of a promissory note for $250, due October 1, T887. On the 30th of September, 1887, Shore made a new note for the amount, payable on the 1st day of December, 1887, and at the same time he gave a new mortgage to appellant, which was duly recorded at é o’clock P. M., the said…
1Opinion of the CourtJustice Hayt
The taking of an acknowledgment before a mortgagee, who is also an officer, authorized generally to take acknowledgments of such instruments, is against the policy of the law, and an instrument so acknowledged is fraudulent and void as to other mortgage creditors. Hammers v. Dole, 61 Ill. 307.
*256Meyers, the party taking the acknowledgment to the Bennett mortgage, was, however, not the mortgagee named, therein. And, although it is shown that he negotiated the loan, and was at the time engaged in business as a partner with Bennett, the mortgagee, the evidence does not show that he was a party in…
2Cases cited3 opinions
- Hammers v. DoleIllinois Supreme Court · 1871
- Cass v. PerkinsIllinois Supreme Court · 1860
- Crane v. ChandlerSupreme Court of Colorado · 1879
3Cited by18 opinions
- National Cash Register Co. v. LeskoSupreme Court of Connecticut · 1904
- Cassidy v. HarrelsonColorado Court of Appeals · 1892
- West Coast Grocery Co. v. StinsonWashington Supreme Court · 1895
- Bush v. McMannColorado Court of Appeals · 1899
- Cassell v. DeisherSupreme Court of Colorado · 1907
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