Legal Opinion

Eales v. Francis

Michigan Supreme Court

Decided January 25, 1898PublishedCited by 1 opinion

Error to Montmorency; Kelley, J. Replevin by Allen Eales and others against James Francis, William J. Rea, and others. From a judgment for plaintiffs on verdict directed by the court, defendants bring error. Replevin for 90 cords of shingle bolts, formerly the property of one McPherson. Plaintiffs claim title by virtue of a chattel mortgage executed October 24, 1895, by McPherson to them.

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Error to Montmorency; Kelley, J. Replevin by Allen Eales and others against James Francis, William J. Rea, and others. From a judgment for plaintiffs on verdict directed by the court, defendants bring error. Replevin for 90 cords of shingle bolts, formerly the property of one McPherson. Plaintiffs claim title by virtue of a chattel mortgage executed October 24, 1895, by McPherson to them. Defendants claim title upon a sale made pursuant to executions issued on four judgments rendered by a justice of the peace. The suits in which these judgments were rendered were, according to the docket of…

1Opinion of the CourtGrant, C. J.

1. Defendants appear to rest their case upon the theory that they were subsequent creditors of McPherson, and that there was no proof of the filing of plaintiffs’ mortgage. The original mortgage was introduced in evidence, and the record shows that it was filed in the township clerk’s office November 8, 1895, at 6 o’clock p. m. The credits for which judgments were rendered were given after this mortgage was filed. At least, the defendants failed to show that the mortgage was not filed before they extended credit. Unless, therefore, the lien law gave the lien of these parties precedence over…

2Cases cited1 opinion

  1. House v. TurnerMichigan Supreme Court · 1895

3Cited by1 opinion

  1. Marcelletti v. HawleyMichigan Supreme Court · 1915

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