J. I. Case Co. v. Sax Motor Co.

This is an appeal from an order sustaining a demurrer to the plaintiff’s complaint. The question involved is as to the priority of certain mortgages of personal property. It appears that the plaintiff’s mortgage was executed on June 24, 1930, and was filed in the office of the register of deeds of the proper county on July 14, 1930. The defendant’s mortgage was executed on June 11, 1930, and filed in the office of the register of deeds on that date. At the time of the execution and of the filing of his mortgage plaintiff had no actual notice or knowledge of the defendant’s mortgage. Both…