Dixson v. Ladd
South Dakota Supreme Court
Appeal from Circuit Court, Lyman County. Hon. William Williamson, Judge. Action by H. A. Dixson against W. P. Ladd, in claim and delivery for an office desk. From a judgment for defendant, and from -an order denying a new trial, plaintiff appeals. The desk in controversy was covered by the mortgage. If not in express terms, under all the evidence.
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Appeal from Circuit Court, Lyman County. Hon. William Williamson, Judge. Action by H. A. Dixson against W. P. Ladd, in claim and delivery for an office desk. From a judgment for defendant, and from -an order denying a new trial, plaintiff appeals. The desk in controversy was covered by the mortgage. If not in express terms, under all the evidence. Appurtenances as applied to real estate has a strict legal and technical meaning but as applied to personal property it is given a broad and liberal construction. Pickerell v. Carson, 8 Iowa (8 Clark) 544, 551; Doyle v. Lord, 64 N. Y. 432, 437, 21…
1Opinion of the CourtWhiting, P. J.
This is an action of replevin brought in justice court, and seeking to recover the possession of one certain roll-top desk. Plaintiff claims to be the owner under and by virtue of a purchase upon foreclosure of a chattel mortgage, which covered “that certain elevator together with the scales, bins, machinery ,and other appurtenances thereunto belonging, located. * * Defendant claims to be the owner by purchase from the mortgagor, and the evidence reveals the fact that, whether the owner or not, he was, at the time action was brought, holding under possession received byr delivery of the…
2Cases cited2 opinions
- Ottumwa Woolen Mill Co. v. HawleySupreme Court of Iowa · 1876
- Frey v. DrahosNebraska Supreme Court · 1877
3Cited by8 opinions
- Weeks v. Prostrollo Sons, Inc.South Dakota Supreme Court · 1969
- Unke v. ThorpeSouth Dakota Supreme Court · 1953
- Babcock v. McKeeSouth Dakota Supreme Court · 1945
- Sejnoha v. BuchananSouth Dakota Supreme Court · 1946
- Gaustad v. NygaardNorth Dakota Supreme Court · 1934
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