Tiedt v. Boyce
Supreme Court of Minnesota
Action in the district court for Marshall county to recover judgment against defendant Boyce for $418.15 and to foreclose a certain chattel mortgage upon certain animals and crops.
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Action in the district court for Marshall county to recover judgment against defendant Boyce for $418.15 and to foreclose a certain chattel mortgage upon certain animals and crops. In his separate answer, defendant Sutton alleged that lie had possession of the property described in the mortgages, for the purpose of enforcing the mortgages in his favor and with the consent of the mortgagor, and prayed that the lien of his mortgages be declared prior liens upon the property to those of plaintiff’s mortgages. The case was tried before Grindeland, J., who made findings and as conclusion of law…
1Opinion of the Court
Taylor, C.
The defendant Boyce executed two chattel mortgages to defendant Sutton, and thereafter executed a third chattel mortgage to plaintiff. All three mortgages were filed in the office of the proper village clerk, but the first mortgage to Sutton had only one witness, and for that reason did not operate as constructive notice to plaintiff, who-had no actual notice thereof. Plaintiff’s mortgage covered all the property included in Sutton’s last mortgage, and also certain other property included in Sutton’s first mortgage.
As against plaintiff, Sutton’s last mortgage is a first and…
2Cases cited8 opinions
- Anderson v. ListonSupreme Court of Minnesota · 1897
- Kellogg v. OlsonSupreme Court of Minnesota · 1885
- Minnesota Linseed Oil Co. v. MaginnisSupreme Court of Minnesota · 1884
- Close v. HodgesSupreme Court of Minnesota · 1890
- Fletcher v. NeudeceSupreme Court of Minnesota · 1883
3 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Central Finance Corp. v. Norton-Morgan Commercial Co.Arizona Supreme Court · 1922
- Berkner v. LewisSupreme Court of Minnesota · 1916
- Monnens v. Henry Simons Lumber Co.Supreme Court of Minnesota · 1932
- Warren v. DriscollSupreme Court of Minnesota · 1929
- First National Bank v. SaterenSupreme Court of Minnesota · 1922