Spaulding v. Kennedy
Oregon Supreme Court
Appeal from Multnomah County. Litcbenthaler and Simpson were, on the ninth of November, 1875, the owners of a certain mare, the property in dispute, upon which they executed a chattel mortgage of that date in favor of the Granger Market Company. This mortgage was duly recorded and remained unsatisfied at the commencement of this action.
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Appeal from Multnomah County. Litcbenthaler and Simpson were, on the ninth of November, 1875, the owners of a certain mare, the property in dispute, upon which they executed a chattel mortgage of that date in favor of the Granger Market Company. This mortgage was duly recorded and remained unsatisfied at the commencement of this action. Subsequently Litcbenthaler and Simpson delivered the mare to the plaintiff, upon a second chattel mortgage, by them in his favor, executed subsequently to the one in favor of the Granger Market Company. In March, 1876, one James Welch obtained a judgment…
1Opinion of the Court
By the Court, Boise, J.:
This section of the statute (Civ. Code, subd. 3, sec. 147,) *210provides in substance that where personal property of the judgment-debtor capable of manual delivery is not in possession of said judgment-debtor, but in the possession of another person, the property shall be attached or levied on by leaving with such person a certified copy of the writ and a notice specifying the property attached or levied upon.
The question presented is, who was in the lawful possession of this mare at the time of the levy ? It is contended by the appellant that the mortgagee of personal…
2Cited by3 opinions
- Lewis v. BirdseyOregon Supreme Court · 1890
- Sabin v. ChrismanOregon Supreme Court · 1918
- Barbur v. CourtrightCourt of Appeals for the Ninth Circuit · 1919