Hurt v. Hubbard
Supreme Court of Colorado
Appeal from the District Court of Saguache County. Hon. Chas. C. Holbrook, Judge. Trover -by Alonzo Hubbard against James L. Hurt. From a judgment for plaintiff, defendant appeals. Appellee, plaintiff below, brought an action against appellant, as defendant, to recover from the latter the value of cattle wbicb plaintiff claimed belonged to Mm, and which, it was alleged, defendant bad wrongfully converted to- bis own use.
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Appeal from the District Court of Saguache County. Hon. Chas. C. Holbrook, Judge. Trover -by Alonzo Hubbard against James L. Hurt. From a judgment for plaintiff, defendant appeals. Appellee, plaintiff below, brought an action against appellant, as defendant, to recover from the latter the value of cattle wbicb plaintiff claimed belonged to Mm, and which, it was alleged, defendant bad wrongfully converted to- bis own use. As a first and separate defense, defendant claimed be field an unsatisfied mortgage on these cattle, executed by one Frank Hubbard, and that he took and held possession of…
1Opinion of the CourtJustice Gabbert
The only question presented for consideration is the sufficiency of the second and separate defense. A mortgage of chattels is a conditional sale thereof, whereby the legal title is vested in the mortgagee subject to the right of the mortgagor to perform the conditions imposed by the mortgage. Upon violation of such conditions the title of the mortgagee becomes absolute, and he is entitled to take and hold possession of the mortgaged chattels for the purpose of sale, according to the terms of the mortgage, subject to the right of the mortgagor to redeem pending *507sale.—Atchison v. Graham, 14…
2Cases cited6 opinions
- Atchison v. GrahamSupreme Court of Colorado · 1890
- Bolander v. GentryCalifornia Supreme Court · 1868
- Crocker v. BurnsColorado Court of Appeals · 1899
- First National Bank v. WilburSupreme Court of Colorado · 1891
- Johnson v. PeopleColorado Court of Appeals · 1895
1 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- John Deere Company of Kansas City v. CatalanoSupreme Court of Colorado · 1974
- Tolland Co. v. First State BankSupreme Court of Colorado · 1934
- People Ex Rel. VanMeveren v. District Court in & for the County of LarimerSupreme Court of Colorado · 1980
- Grattan v. WilsonSupreme Court of Colorado · 1927
- Sorrells v. Sigel-Campion Live-Stock Commission Co.Colorado Court of Appeals · 1914
8 more not listed; retrieve them via the Exa API.