Braley v. Byrnes
Supreme Court of Minnesota
Action to recover possession of certain personal property, being part of tbé furniture of a hotel in Faribault, mortgaged by one William Boot to the plaintiff, November 6, 1872, and on the same day taken from Root’s possession by the defendant.
Read the full summary
Action to recover possession of certain personal property, being part of tbé furniture of a hotel in Faribault, mortgaged by one William Boot to the plaintiff, November 6, 1872, and on the same day taken from Root’s possession by the defendant. Defense, that the plaintiff’s mortgage was fraudulent and void as against Boot’s creditors, and that the defendant took and holds the property in question by virtue of a writ of attachment, issued in a suit brought against Root by one J. D. Greene, to whom Boot was largely indebted at the date of the execution of the mortgage. At the trial in the…
1Opinion of the Court
By the Court.
Young, J.
The appellant’s mortgage from Root was given ‘as security for money lent, and by its terms entitled him to take the mortgaged property from the mortgagor’s into his own possession at any time he might think proper. Nothing was left to be done to. complete the transaction, nor was the mortgage merely colorable, nor was the mortgagee in any manner a trustee for the mortgagor. The appellant, therefore, acquired by the mortgage a title to the possession of the property in dispute, valid as against Root, the mortgagor, and assailable only by the creditors of the latter.
The…
2Cases cited15 opinions
- Rinchey v. . StrykerNew York Court of Appeals · 1863
- Thornburgh v. HandCalifornia Supreme Court · 1857
- Norton v. KearneyWisconsin Supreme Court · 1860
- Bogert v. PhelpsWisconsin Supreme Court · 1861
- Inman v. MeadMassachusetts Supreme Judicial Court · 1867
10 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Fisher v. KellyOregon Supreme Court · 1896
- Burton v. PlatterCourt of Appeals for the Eighth Circuit · 1893
- Eggleston v. SheldonWashington Supreme Court · 1915
- Bradley v. RobieCourt of Appeals for the Eighth Circuit · 1920
- Hines v. ChambersSupreme Court of Minnesota · 1881
2 more not listed; retrieve them via the Exa API.