Wilson v. Rustad
North Dakota Supreme Court
Appeal from District Court, Richland County; Lauder, J. Action in claim and delivery prosecuted by E. F. Wilson against John Rustad to recover the possession of a span of mules, wagon, and a harness. Plaintiff based his right to possession upon a note and chattel mortgage given by Charles Vail and Thomas T. Jones, of Day County, South Dakota, to him to secure the purchase price of this property. Defendant claimed to be an innocent purchaser without notice.
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Appeal from District Court, Richland County; Lauder, J. Action in claim and delivery prosecuted by E. F. Wilson against John Rustad to recover the possession of a span of mules, wagon, and a harness. Plaintiff based his right to possession upon a note and chattel mortgage given by Charles Vail and Thomas T. Jones, of Day County, South Dakota, to him to secure the purchase price of this property. Defendant claimed to be an innocent purchaser without notice. Defendant had judgment upon a verdict in his favor, and plaintiff appealed. The defendant purchased' the property from Hurb Vail, a person…
1Opinion of the CourtCorliss, C. J.
Plaintiff is seeking to recover possession of certain personal property by virtue of a mortgage executed thereon by the owners thereof. The mortgage was executed in South Dakota, where the property was then situated. Both the mortgagor's and the mortgagee were at that time domiciled in that state. The instrument was filed in the proper office under the laws of that state. Subsequently the mortgaged chattels were brought to this state, and they were found in the possession *332of the defendant, Rustad, at the time this action was commenced. There appears to have been a controversy on the question…
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