Lutz v. Kinney
Nevada Supreme Court
Appeal from the District Court of the State of Nevada, Ormsby county; Q. E. Mack, District Judge: Action by Martin Lutz against William Kinney, Sheriff of Ormsby county. Judgment for defendant, and plaintiff appeals. The facts sufficiently appear in the opinion. I. The subscription of Martin Lutz is not necessary in the affidavit of mortgagor and mortgagee in the chattel mortgage in question.
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Appeal from the District Court of the State of Nevada, Ormsby county; Q. E. Mack, District Judge: Action by Martin Lutz against William Kinney, Sheriff of Ormsby county. Judgment for defendant, and plaintiff appeals. The facts sufficiently appear in the opinion. I. The subscription of Martin Lutz is not necessary in the affidavit of mortgagor and mortgagee in the chattel mortgage in question. (3 Blackstone, 304, title, “Affidavit”; Bouvier’s, Kinney’s, Burrill’s and Tomlin’s Law Dictionaries; Am. and Eng. Ency. .Law, vol. 1, p. 90'9; Bates v. Robinson, 8 Iowa, 320; Hitsman v. Garrard, 1 Harr.…
1Opinion of the Court
By the Court,
Bonnifield, J.:
The defendant, as sheriff, and by virtue of an execution issued on a money judgment recovered against Archer Baker, levied upon, seized and took from the possession of said Baker a certain lot of his personal property on which Martin Lutz, the plaintiff herein, held a chattel mortgage executed to him by said Archer Baker, said mortgage having been duly recorded in the office of the county recorder. The defendant disregarded said mortgage and complied with none of the provisions of the statute with reference to the seizure, under attachment or execution, of…
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