Kellogg v. Secord
Michigan Supreme Court
Error to Jackson. Trover by Secord against Kellogg & Baker for the conversion of about 200 bushels of wheat which had been levied upon while in his possession by virtue of an execution against Harley Woodward, and sold to defendants subject to a chattel mortgage in favor of plaintiff. The mortgage was filed in a town where the parties did not live.
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Error to Jackson. Trover by Secord against Kellogg & Baker for the conversion of about 200 bushels of wheat which had been levied upon while in his possession by virtue of an execution against Harley Woodward, and sold to defendants subject to a chattel mortgage in favor of plaintiff. The mortgage was filed in a town where the parties did not live. Upon the trial the defense offered . evidence of a statement made by a witness upon a former trial between plaintiff and another defendant, and it was excluded. Plaintiff recovered and defendants bring error.
1Opinion of the CourtMaeston, J.
What effect the failure to file the chattel *320mortgage might have had in this case we need not determine. The officer advertised it for sale subject to the mortgage, and it was so sold. This was a recognition of the fact that the mortgage was a valid subsisting lien on the property, and a notice to purchasers that they would stand in no better position than the mortgagor. Parties purchasing under such circumstances could not well come into court and deny the validity of such a mortgage because not filed in the township clerk’s office.
The court properly rejected the evidence offered to prove…
2Cases cited1 opinion
- Howard v. PatrickMichigan Supreme Court · 1878
3Cited by8 opinions
- Toledo Traction Co. v. CameronCourt of Appeals for the Sixth Circuit · 1905
- McGovern v. HaysSupreme Court of Vermont · 1902
- Wabash Railroad v. MillerIndiana Supreme Court · 1901
- John V. Farwell Co. v. WrightNebraska Supreme Court · 1893
- Mead v. MaberryMissouri Court of Appeals · 1895
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