Appleton Mill Co. v. Warder
Supreme Court of Minnesota
Action for conversion of growing grain, brought in the district court for Swift county, by plaintiff as mortgagee, against defendant McKay, who as sheriff of that county had sold the property on execution against the mortgagor, and against the other defendants as the execution creditors. At the trial, before John H. Brown, J., the plaintiff had a verdict. The defendants appeal from an order refusing a new trial.
1Opinion of the CourtGileillan, C. J.
The plaintiff claims under a chattel mortgage. It sent the mortgage by mail to the town-clerk of the proper town to be filed.. He received it from the post-office May 2d, and the same day took it to his office, where it remained during the period covered by the events out of which this action arose. But he did not place it among the files in his office till May 4, after the levy on behalf of the defendants, which was made on that day; so that unless the mortgage is to be deemed filed from the time it reached the town-clerk’s office for filing, the levy takes precedence of it. The property was…
2Cases cited2 opinions
- Hossfeldt v. DillSupreme Court of Minnesota · 1881
- Gorham v. SummersSupreme Court of Minnesota · 1878
3Cited by9 opinions
- State ex rel. O'Hearn v. EricksonSupreme Court of Minnesota · 1922
- Hastay v. BonnessSupreme Court of Minnesota · 1901
- Faxon, Horton & Gallagher v. RidgeMissouri Court of Appeals · 1901
- Johnson v. DunSupreme Court of Minnesota · 1899
- Burkleo v. Town BoardSupreme Court of Minnesota · 1909
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