Chapin v. Whitsett
Supreme Court of Colorado
Error to District Court of Arapahoe County. On the 15th day of September, 1874, one John H. Speed executed and delivered to Chapin and Core, the plaintiffs in error, a chattel mortgage of certain property then in Speed’s possession, to secure the payment of twenty-four promissory notes, of even date with the mortgage.
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Error to District Court of Arapahoe County. On the 15th day of September, 1874, one John H. Speed executed and delivered to Chapin and Core, the plaintiffs in error, a chattel mortgage of certain property then in Speed’s possession, to secure the payment of twenty-four promissory notes, of even date with the mortgage. These notes were payable, the first, one month after date, the next, two months after date (a note falling due each month), the last, payable twenty-four months after date. The mortgage contained the usual conditions of use and possession in the mortgagor until default, or the…
1Opinion of the CourtElbert, J.
Section 2, chapter 14, R. S. 102, provides that the justice taking the acknowledgment of a chattel mortgage “ shall certify the same in substance, as follows : this mortgage was acknowledged before me by A. B., (the mortgagor) this-day of-.”
The chattel mortgage of the plaintiff in error was excluded.at the trial in the court below, for the reason that the words “the mortgagor ” do not appear in the certificate of acknowledgment. This was error.
The words are in parenthesis, and serve only to explain *317and direct that the name of the mortgagor is to be inserted instead of A. B. Throughout the…
2Cases cited1 opinion
- Barbour v. WhiteIllinois Supreme Court · 1865
3Cited by5 opinions
- Allen v. SteigerSupreme Court of Colorado · 1892
- Dole v. Bank of AkronColorado Court of Appeals · 1896
- First National Bank v. MarshallMontana Supreme Court · 1915
- Dole v. Bank of AkronColorado Court of Appeals · 1896
- Russell v. First National Bank of CenterSupreme Court of Colorado · 1922