Walter A. Wood Mowing & Reaping Machine Co. v. Lee
South Dakota Supreme Court
Appeal from circuit court, Minnehaha county. Hon F. R. Aiicens, Judge. Action to foreclose a chattel mortgage. There was judgment for defendants and plaintiff appeals. The facts are stated in the opinion.
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Appeal from circuit court, Minnehaha county. Hon F. R. Aiicens, Judge. Action to foreclose a chattel mortgage. There was judgment for defendants and plaintiff appeals. The facts are stated in the opinion. A mortgage upon personal property not executed in the presence of two persons and signed by them as witnesses, but the execution of which is otherwise proved, is valid and enforceable as between the parties and subsequent purchasers and encumbrancers having actual notice of such mortgage. The provision of Section 4384, Comp Laws, providing for the attestation by two witnesses alludes solely…
1Opinion of the CourtCorson, J.
This was an action to foreclose a chattel mortgage. Judgment was rendered for the defendants, and the plaintiff appeals.
Lauren K. Lee, mortgagor, and Frank H. Peavey, Charles T. Peavey and Edgar C. Michener, composing the firm of F. H. Peavey & Co., as subsequent mortgagees, were made defendants. It is alleged in the complaint, in substance, that the mortgage upon which the action was brought was executed on the 9th day of April, 1890, and was given to secure an indebtedness from said Lee to the plaintiff of $2,366.25; that subsequently, on May 3, 1890, the said Lee executed to the said F. H.…
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