Legal Opinion

Kilbourne v. Fay

Ohio Supreme Court

Decided December 15, 1876PublishedCited by 34 opinions

The former case was appealed to the District Court of Franklin county, and reserved for decision in this court. The latter is a petition in error to the District Court of Fairfield county.

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The former case was appealed to the District Court of Franklin county, and reserved for decision in this court. The latter is a petition in error to the District Court of Fairfield county. Kilbourne’s case was originally commenced in the Court of Common Pleas of Franklin county, by the plaintiffs, against the defendants, to enforce the alleged lien of a chattel mortgage executed by H. T. Fay, in his lifetime, to the plaintiffs, to indemnify them as sureties for him on a promissory note for $510,000, borrowed money, payable six months after date to one William G. Deshler, and bearing date…

1Opinion of the CourtMcIlvaine, J.

The same question is presented in each of these cases, and it may be stated thus: When a chattel mortgage has not been filed or refiled as provided in the chattel mortgage act, and the mortgagor, who continued in possession, dies in possession of the mortgaged property, leaving an insolvent estate, can the delinquent mortgagee enforce the lien of his mortgage against the personal representative of the deceased mortgagor, who has succeeded to the possession of the property? The solution of this question depends on the construction of our administration laws and the provisions of the chattel…

2Cases cited2 opinions

  1. Buehler v. GloningerSupreme Court of Pennsylvania · 1834
  2. Cassilly v. RhodesOhio Supreme Court · 1843

3Cited by34 opinions

  1. Franklin National Bank v. WhiteheadIndiana Supreme Court · 1898
  2. Blackman v. Baxter, Reed & Co.Supreme Court of Iowa · 1904
  3. Cincinnati Equipment Co. v. DegnanCourt of Appeals for the Sixth Circuit · 1910
  4. Leffek v. LuedemanMontana Supreme Court · 1933
  5. Lawrence v. McKenzieSupreme Court of Iowa · 1893

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