Thurber v. Jewett
Michigan Supreme Court
Error to the Washtenaw Circuit. This was an action of replevin brought in the County Court of Washtenaw County, to recover the possession of the goods and chattels described in the writ by virtue of a chattel mortgage, after condition broken. The cause was removed by certiorari to the Circuit Court.
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Error to the Washtenaw Circuit. This was an action of replevin brought in the County Court of Washtenaw County, to recover the possession of the goods and chattels described in the writ by virtue of a chattel mortgage, after condition broken. The cause was removed by certiorari to the Circuit Court. The evidence received by the County Judge as certified to the Circuit Court, shows that various sums of Money were paid by the mortgagor to the mortgagee prior to the fall of 1849, some of which were paid before and some after condition broken, and that subsequently and before the commencement of…
1Opinion of the Court
*298By the Court,
Wing, J.
Assuming for the present that the proof offered by the defendant in the County Court was properly received under the pleadings, the question is presented whether the facts proved were such as to establish a legal defence to the action.
The boobs agree in this, that a chattel mortgage is a conditional transfer or conveyance.of the property itself, and if the condition is not duly performed, the whole title rests absolutely at law in the mortgage. (2 Story Eq. Juris. 378 § 1030, Tannahill vs. Tuttle, ante 104.)
The defendant resisted this action upon two grounds. First, that…
2Cases cited8 opinions
- Smith & Hoe v. AckerCourt for the Trial of Impeachments and Correction of Errors · 1840
- Patchin v. PierceNew York Supreme Court · 1834
- White v. ColeNew York Supreme Court · 1840
- Burdick v. McVannerNew York Supreme Court · 1846
- Butler v. RawsonCourt for the Trial of Impeachments and Correction of Errors · 1845
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3Cited by10 opinions
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- Madson v. RuttenNorth Dakota Supreme Court · 1907
- Byram v. StoutIndiana Supreme Court · 1891
- Stein v. McAuleySupreme Court of Iowa · 1910
- Bateman v. Grand Rapids & Indiana RailroadMichigan Supreme Court · 1893
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