Camp v. Pollock
Nebraska Supreme Court
Error from the district court of Cedar county. Tried below before Norris, J. The facts are stated in the opinion. The title to mortgaged chattels is vested in the mortgagee. He is therefore entitled to recover as a general owner. The petition states a cause of action. (Adams v. Nebraska City Nat. Bank, 4 Neb., 370; Marseilles Mfg.
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Error from the district court of Cedar county. Tried below before Norris, J. The facts are stated in the opinion. The title to mortgaged chattels is vested in the mortgagee. He is therefore entitled to recover as a general owner. The petition states a cause of action. (Adams v. Nebraska City Nat. Bank, 4 Neb., 370; Marseilles Mfg. Go. v. Biorgan, 12 Neb., 69; Alexander v. Graves, 25 Neb., 453; Robinson v. Fitch, 26 O. St., 659 ; Jones, Chattel Mortgages, secs. 426, 699; 1 Cobbey, Chattel Mortgages, secs. 448, 499; Fletcher v. Neudeck, 30 Minn., 125; Robinson v. Fitch, 26 O. St., 663;…
1Opinion of the Court
Irvine, C.
This was an action in replevin for certain live stock, the plaintiff claiming under two chattel mortgages, and the de*773fendant, a judgment creditor of the mortgagor, who was substituted for the sheriff, the original defendant, claiming under a levy of execution upon his judgment. At the close of the evidence the court directed a verdict for the defendant. Judgment was entered on this verdict, and the plaintiff seeks a reversal.
The assignments of error chiefly argued relate to the action of the court in excluding from evidence one of the mortgages under which plaintiff claims. Many…
2Cases cited5 opinions
- M. P. Musser & Co. v. KingNebraska Supreme Court · 1894
- Randall v. PersonsNebraska Supreme Court · 1894
- H. W. Curtis & Co. v. CutlerNebraska Supreme Court · 1878
- Sharp v. JohnsonNebraska Supreme Court · 1895
- Shinners v. BrillWisconsin Supreme Court · 1875
3Cited by17 opinions
- Drummond Carriage Co. v. MillsNebraska Supreme Court · 1898
- Garber v. Palmer, Blanchard & Co.Nebraska Supreme Court · 1896
- Omaha Fire Insurance v. ThompsonNebraska Supreme Court · 1897
- Phenix Iron Works Co. v. McEvonyNebraska Supreme Court · 1896
- Raymond Bros. & Co. v. MillerNebraska Supreme Court · 1897
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