Purdin v. Archer
South Dakota Supreme Court
Appeal from Minnehaha county court. Hon. E. Parliman, Judge. Action of claim and delivery by John I. Purdin, as special administrator of the estate of Lester S. Peck, deceased, against John Archer, fco recover the possession of certain personal property. There was judgment for plaintiff, and defendant appeals; The facts are fully stated in the opinion.
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Appeal from Minnehaha county court. Hon. E. Parliman, Judge. Action of claim and delivery by John I. Purdin, as special administrator of the estate of Lester S. Peck, deceased, against John Archer, fco recover the possession of certain personal property. There was judgment for plaintiff, and defendant appeals; The facts are fully stated in the opinion. An administrator stands in no better position as to the property of the deceased mortgagor than the latter would were he living. Griffin v. Wertz, 2111. App. 487; Chateau v. Jones, 11 111. 300; Pingrey on Chat. Morts., § 343, A chattel mortgage…
1Opinion of the CourtKellam, J.
This is an action in claim and delivery, brought by respondent as administrator, to recover the possession of certain personal property held by appellant under and by virtue of chattel mortgages executed on the same by respondent’s intestate The facts are not in dispute, and it is not contended by respondent but that such facts would, if the mortgagee were still living, justify appellant’s possession; his claim being that, by the death of the mortgagor, the mortgagee’s right to take possession of the mortgaged property under the terms of the mortgage, either for foreclosure or for its…
2Cases cited4 opinions
- Fallon v. ButlerCalifornia Supreme Court · 1862
- In re McCAUSLANDCalifornia Supreme Court · 1878
- Recker v. KilgoreIndiana Supreme Court · 1878
- Cocke v. MontgomerySupreme Court of Iowa · 1888
3Cited by8 opinions
- Fish v. De LaraySouth Dakota Supreme Court · 1896
- Matter of Estate of BachandSouth Dakota Supreme Court · 1981
- Kelsey v. WelchSouth Dakota Supreme Court · 1896
- Meade County v. WelchSouth Dakota Supreme Court · 1914
- Kline v. GingerySouth Dakota Supreme Court · 1910
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