Marks v. Miller
Oregon Supreme Court
Plaintiffs appeal. The plaintiffs, mortgagees, are entitled to the possession of this property, and to recover it in this form of action. (Hill’s Code, § 3837; J. I. Case Machine Go. v. Campbell, 14 Or. 460.) Wells, at the time this action was commenced, had no interest in this property subject to levy or sale by his creditors. ([Lead-better v.Leadbetter, 125N. Y. 290; 21 Am. St. Rep. 738; Manchester v. Tibbetts, 121 N. Y. 219; 18 Am.
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Plaintiffs appeal. The plaintiffs, mortgagees, are entitled to the possession of this property, and to recover it in this form of action. (Hill’s Code, § 3837; J. I. Case Machine Go. v. Campbell, 14 Or. 460.) Wells, at the time this action was commenced, had no interest in this property subject to levy or sale by his creditors. ([Lead-better v.Leadbetter, 125N. Y. 290; 21 Am. St. Rep. 738; Manchester v. Tibbetts, 121 N. Y. 219; 18 Am. St. Rep. 816; Hall v. Sampson, 35 N. Y. 274; 91 Am. Dec. 56; Galen v. Brown, 22 N. Y. 37.) . A failure or neglect to file a chattel mortgage with the county…
1Opinion of the CourtLord, J.
This is an action to recover personal property. The complaint alleges in substance that plaintiffs are partners in the firm of S. Marks & Co.; that at the times mentioned/the plaintiffs were and still are the owners of and entitled to the immediate possession of the personal property mentioned in the complaint, of the aggregate value of $678; that said property was in the possession of W. N. Wells, with whom the plaintiffs had left the same for care and safe keeping; that on the tenth day of February, 1891, defendant wrongfully took said goods from the possession of said Wells and wrongfully…
2Cases cited4 opinions
- Orton v. OrtonOregon Supreme Court · 1879
- Jordan v. TurnerIndiana Supreme Court · 1833
- Watson v. WilliamsIndiana Supreme Court · 1835
- McCully v. SwackhamerOregon Supreme Court · 1877
3Cited by9 opinions
- Jennings v. LentzOregon Supreme Court · 1908
- Meier v. HessOregon Supreme Court · 1893
- Fisher v. KellyOregon Supreme Court · 1896
- Marquam v. SengfelderOregon Supreme Court · 1893
- State Ex Rel. Lee v. ChaneySupreme Court of Oklahoma · 1910
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