Tannahill v. Tuttle
Michigan Supreme Court
Error to Wayne Circuit. This was an action of replevin. The plaintiff claimed and proved title to the property replevied, under a mortgage from the original owners, Crane & Eolger. The mortgage was executed to indemnify them for endorsing a note for Crane & Eolger. The note was not paid at maturity, and was subsequently paid by plaintiffs, who thereupon took possession of the mortgaged property.
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Error to Wayne Circuit. This was an action of replevin. The plaintiff claimed and proved title to the property replevied, under a mortgage from the original owners, Crane & Eolger. The mortgage was executed to indemnify them for endorsing a note for Crane & Eolger. The note was not paid at maturity, and was subsequently paid by plaintiffs, who thereupon took possession of the mortgaged property. It was subsequently taken from their possession by the defendant on a writ of attachment against the mortgagees, Crane & Folger. The defendant insisted on the trial, 1st, that he had a right to…
1Opinion of the Court
By the Court,
Martin, J..
The first question made in this case is, whether Crane & Eolger, the mortgagors, have an interest in the property which was liable to an attachment, and levy and sale upon' execution, and whether the defendant in suing the writ of attachment, had a right to hold the property, in order that such interest might be disposed of.
By a mortgage of chattels, the whole legal title of the property passes to the mortgagee conditionally, and to defeat-such title, the mortgagor, or those claiming under him, must show a performance of the condition. Upon its breach, the title is…
2Cases cited12 opinions
- Patchin v. PierceNew York Supreme Court · 1834
- BaileyCourt for the Trial of Impeachments and Correction of Errors · 1831
- Wheeler v. M'FarlandNew York Supreme Court · 1833
- Burdick v. McVannerNew York Supreme Court · 1846
- Brown v. LipscombSupreme Court of Alabama · 1839
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3Cited by16 opinions
- Shapard v. HynesCourt of Appeals for the Eighth Circuit · 1900
- Flanders v. ChamberlainMichigan Supreme Court · 1872
- Rodack v. New Moon TheatreAppellate Terms of the Supreme Court of New York · 1923
- Bindley v. Martin Bros.West Virginia Supreme Court · 1886
- Everett v. BuchananSupreme Court Of The Territory Of Dakota · 1880
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