Reynolds v. Morton
Wyoming Supreme Court
Error to the District Court, Carbon County; Hon. Charles E. Carpenter, Judge. The material facts are stated in the opinion. The filing of a chattel mortgage does not constitute notice unless all the statutory steps have been complied with, and to entitle the mortgage to be recorded it must be acknowledged and certified as required by statute. (Butte Hdw.
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Error to the District Court, Carbon County; Hon. Charles E. Carpenter, Judge. The material facts are stated in the opinion. The filing of a chattel mortgage does not constitute notice unless all the statutory steps have been complied with, and to entitle the mortgage to be recorded it must be acknowledged and certified as required by statute. (Butte Hdw. Co. v. Sullivan, 7 Mont. 307; Thompson v. Scheid, 39 Minn. 102, and cases cited). The plaintiff did not offer or read the indorsement of filing upon his chattel mortgage, and this rendered his proof insufficient. (Bank v. Ratkey, 79 la. 215).…
1Opinion of the Court
Beard, Justice.
This action was brought by John Morton against William Reynolds in the District Court of Converse county to recover the possession of certain cattle. The case was transferred on change of venue to Carbon county, where the cause was tided and judgment rendered in favor of plaintiff. Defendant brings error.
The plaintiff claimed the right to the possession of the cattle in dispute by virtue of a chattel mortgage executed to him by Frederick W. Rimington and wife August 26, 1909, and filed in the office of the County Clerk of Converse county August 30, 1909, and given to secure a…
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2Cases cited15 opinions
- Noonan v. Caledonia Mining Co.Supreme Court of the United States · 1887
- Boswell v. First National Bank of LaramieWyoming Supreme Court · 1907
- Bergen v. . Urbahn, Etc.New York Court of Appeals · 1880
- Falk v. Gast Lithograph & Engraving Co.Court of Appeals for the Second Circuit · 1893
- Jochen v. TibbellsMichigan Supreme Court · 1883
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3Cited by3 opinions
- Steadman v. TophamWyoming Supreme Court · 1959
- Thex v. ShreveWyoming Supreme Court · 1928
- Todd v. WebbSupreme Court of Oklahoma · 1928