Northwestern Bank v. Freeman
Supreme Court of the United States
APPEAL FROM THE SUPREME COURT OF THE TERRITORY OF ARIZONA. The appellees recovered judgment in the district court, which was affirmed on appeal to the Supreme Court of the Territory, from'which an appeal has been taken to this court.
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APPEAL FROM THE SUPREME COURT OF THE TERRITORY OF ARIZONA. The appellees recovered judgment in the district court, which was affirmed on appeal to the Supreme Court of the Territory, from'which an appeal has been taken to this court. The facts found by the territorial Supreme Court are as follows: “On July 10, 1890, Harry Fulton, one of the defendants in the court below, executed an alleged chattel mortgage for $7500, payable in one year, in favor of the Arizona Central Bank, one of the appellees herein and plaintiffs in the court below; that the description in said mortgage of the property…
1Opinion of the CourtJustice McKenna
The contest is for priority. The territorial Supreme Court awarded it to the mortgages of the appellees. The appellants contend that this was error because of the fact that the mortgages respectively covered 5000 and 1000 head of sheep, and that Fulton owned 6200'head, and that hence the mortgages were invalid on account of insufficient descriptions. The mortgages do not state that Fulton owned a greater number than those he mortgaged, but the fact is found by the court.
The rule is laid, down that, as to third persons who have acquired interests, a description in a mortgage of a given number…
2Cases cited3 opinions
- Arkansas Valley Land & Cattle Co. v. MannSupreme Court of the United States · 1889
- Clapp v. TrowbridgeSupreme Court of Iowa · 1888
- Cole v. GreenSupreme Court of Iowa · 1889
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- Willson v. Graphol Products Co., IncCourt of Customs and Patent Appeals · 1951
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