Legal Opinion

Sheldon v. Brown

Supreme Court of Minnesota

Decided June 9, 1898No. Nos. 11,000-(121)PublishedCited by 7 opinions

Appeal by plaintiff from a judgment of the district court for-Douglas county, in favor of defendant, entered in pursuance of the findings and order of Searle, J.

1Opinion of the CourtMitchell, J.

Each of the parties holds a chattel mortgage on the same property, both executed by the same mortgagor, and the contest between them is as to whose mortgage is the prior lien. The defendant, upon default in the conditions of his mortgage, took the property from the mortgagor, and the plaintiff brought this action against him to recover the possession, claiming the right to it under his mortgage. The stipulated facts are substantially as follows:

The mortgagor was a resident of the town of Carlos, in Douglas county, and had made a contract with a firm in Indiana for the purchase of the property…

2Cases cited1 opinion

  1. Walker v. BuffandeauCalifornia Supreme Court · 1883

3Cited by7 opinions

  1. FIRST NATIONAL BANK IN ORD v. MorganNebraska Supreme Court · 1961
  2. Dower Lumber Co. v. RodewaldSupreme Court of Minnesota · 1923
  3. Wilkes v. HolmesSupreme Court of Minnesota · 1915
  4. Connecticut Mutual Life Insurance v. KingSupreme Court of Minnesota · 1900
  5. Fender v. AppelSupreme Court of Minnesota · 1932

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