Parkhurst v. Jacobs
Michigan Supreme Court
Error to Wayne Circuit. This was an action of trover against the plaintiff in error to recover the value of certain goods described in the declaration. On thev trial, the testimony of the plaintiff tended to prove that on the 9th day of January, 1867, he p\irchased the goods in question of Black & Alexander; that they were taken from his possession by. the defendant; and that the value of the goods thus taken was as alleged.
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Error to Wayne Circuit. This was an action of trover against the plaintiff in error to recover the value of certain goods described in the declaration. On thev trial, the testimony of the plaintiff tended to prove that on the 9th day of January, 1867, he p\irchased the goods in question of Black & Alexander; that they were taken from his possession by. the defendant; and that the value of the goods thus taken was as alleged. The defendant introduced in evidence a chattel mortgage upon said goods, which, it was admitted, the plaintiff executed at the time of the purchase thereof, and to secure…
1Opinion of the Court
Graves J.
The defendant in error purchased a quantity of goods of Black & Alexander, and gave to the latter a mortgage upon the property, to secure the payment of the purchase money • which provided that if he should make payment as fast as he should sell, deducting seventy-five cents on the dollar, according to the original price of the goods, the mortgage should be void. Black & Alexander being such vendors and mortgagees, then invested Jacobs, their vendee and mortgagor, with the actual possession, pursuant to the sense and object of the arrangement.
While Jacobs was thus possessed,…
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