Doak v. Brubaker
Nevada Supreme Court
Appeal from the District Court of the Second Judicial District, of the Territory of Nevada, for Douglas County, Hon. Geo. TuRNEb presiding. This action was brought to recover the possession of a certain number of cattle, and damages for their detention.
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Appeal from the District Court of the Second Judicial District, of the Territory of Nevada, for Douglas County, Hon. Geo. TuRNEb presiding. This action was brought to recover the possession of a certain number of cattle, and damages for their detention. It appeared that on the 3d day of July, A. D. 1862, George W. Chedic and D. B. Milne, being indebted to plaintiff in the sum of fifteen hundred dollars, executed in his favor their promissory note of that date, payable in three months, with interest at the rate of three per cent, per month, and to secure the payment of the note, they executed…
1Concurrence
Opinion by
Lewis, C. L,
full Bench concrirring.
But one question is raised on tbe record in tbis case, i. e.: Do tbe facts found by tbe Court show a delivery of tbe cattle sufficient to enable tbe plaintiff to bold them against tbe creditors of tbe mortgagor?
Section 61 of “ An Act concerning conveyances,” Laws of 1861, provides tbat “ every sale made by a vendor of goods and- chattels, in bis possession, or under bis control, and every assignment of goods and chattels, unless tbe same be accompanied by an immediate delivery, and followed by an actual and continuous change of possession of things…
2Cases cited1 opinion
- Cummings v. ChevrierCalifornia Supreme Court · 1858
3Cited by4 opinions
- First National Bank v. George R. Barse Live Stock Commission Co.Illinois Supreme Court · 1902
- Lawrence v. BurnhamNevada Supreme Court · 1868
- Gray v. SullivanNevada Supreme Court · 1876
- Gray v. SullivanNevada Supreme Court · 1876