Jandt v. South
Supreme Court Of The Territory Of Dakota
Appeal from the Lincoln County District Court. The’facts are stated' in the opinion. The appellant in the above entitled cause urges, that the mortgage in question in this case is fraudulent on its face for the reason that it impliedly gives the mortgagor power to dispose of the mort-gated stock without applying the proceeds to the payment of the mortgage debt. This is inferred from the clause in the mortgage covering after acquired property.
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Appeal from the Lincoln County District Court. The’facts are stated' in the opinion. The appellant in the above entitled cause urges, that the mortgage in question in this case is fraudulent on its face for the reason that it impliedly gives the mortgagor power to dispose of the mort-gated stock without applying the proceeds to the payment of the mortgage debt. This is inferred from the clause in the mortgage covering after acquired property. It is not claimed by the appellant, that as a general principle of law, a clause in a chattel mortgage covering after acquired property necessarily…
1Opinion of the CourtBarnes, J.
This is an action by the plaintiff, the owner and holder of a chattel mortgage covering certain personal property described in the complaint; against the sheriff o! Lincoln county, who had attached and taken possession of the property in an action brought by certain creditors of the mortgagors. The action was tried by the District Court of Lincoln county, a judgment recovered in favor of the plaintiff, and from that judgment an appeal is taken to this court.
The answer of the defendant, after alleging the taking of the goods as. sheriff of Lincoln county by virtue of an attachment, further…
2Cases cited2 opinions
- Holt v. Van EpsSupreme Court Of The Territory Of Dakota · 1875
- Dole v. BurleighSupreme Court Of The Territory Of Dakota · 1875
3Cited by10 opinions
- Dodds v. BickleSouth Dakota Supreme Court · 1957
- Mckenna v. WhittakerSouth Dakota Supreme Court · 1896
- Hegar v. DeGroatNorth Dakota Supreme Court · 1893
- Smith v. CleaverSouth Dakota Supreme Court · 1910
- Davison v. KellarSouth Dakota Supreme Court · 1915
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