Fisher v. Porter
South Dakota Supreme Court
,Appeal from circuit court, Hughes county, Hon. Loring E. Gappy, Judge. Action by Wm. Fisher and John Farnsworth against Walter R. Porter and others in claim and delivery for certain cattle. There was a judgment for defendants and plaintiffs appeal. The facts are stated in the opinion.
1Opinion of the CourtFuller, J.
That as a matter of law, on account of a defective description, the mortgage is void under which is claimed the right to immediate possession of 25 cattle described therein, and that the evidence fails to show actual notice or to identify the property, was the theory upon which the trial court directed a verdict in favor of the defendants, after admitting said mortgage in evidence; and plaintiffs appeal from a judgment accordingly entered.
This mortgage was executed at Fort Pierre, Stanley county, on the 1st day of November, 1893, by the defendant Walter R. Porter, to appellant’s assignor, who…
2Cases cited14 opinions
- Wendt v. Chicago, St. P., M. & O. Railway Co.South Dakota Supreme Court · 1893
- Farkas v. DuncanSupreme Court of Georgia · 1894
- McKeever v. Homestake Mining Co.South Dakota Supreme Court · 1898
- Peet v. Dakota Fire & Marine Ins.South Dakota Supreme Court · 1891
- Welsh v. Lewis & SonSupreme Court of Georgia · 1883
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3Cited by18 opinions
- Resurrection Gold Min. Co. v. Fortune Gold Min. Co.Court of Appeals for the Eighth Circuit · 1904
- Harrold v. Territory of OklahomaCourt of Appeals for the Eighth Circuit · 1909
- Livingston v. StevensSupreme Court of Iowa · 1903
- Barrett v. MagnerSupreme Court of Minnesota · 1908
- Donovan v. St. Anthony & Dakota Elevator Co.North Dakota Supreme Court · 1899
13 more not listed; retrieve them via the Exa API.