Owen v. Burlington, Cedar Rapids & Northern Railway Co.
South Dakota Supreme Court
Appeal from circuit court, Codington county. Hon,. J. O. Andrews, Judge. Action in claim and delivery by W. H. Owen and C. A. Margeson, partners as Owen & Margeson, against the Burlington, Cedar Rapids & Northern Railway Company. From a judgment for plaintiffs, defendant appeals. The facts are stated in the opinion.
1Opinion of the CourtFuller, J.
Mortgagees brought this action in claim and delivery to recover the possession of a portable contrivance called a “merry-go-round,” consisting of revoling chariots and wooden horses, operated upon a platform by a steam engine, all of which the defendant, a common carrier, detains in order to maintain its lien for transportation at the request of a mortgagor in possession. As we view the record, the only question essential to a determination of this appeal by the defendant from a judgment in favor of plaintiffs js whether the lien of a chattel mortgage properly filed is prior to that given by…
2Cases cited2 opinions
- Wright v. ShermanSouth Dakota Supreme Court · 1892
- Richardson v. RichMassachusetts Supreme Judicial Court · 1870
3Cited by2 opinions
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