Rosenbaum v. Foss
South Dakota Supreme Court
Appeal irom circuit court, Kingsbury county. Hon. J. O. Andrews, Judge. Action to cancel certain mortgages of personal property. Plaintiffs had judgment, and defendants appeal. The facts are stated in the opinion. The plaintiffs’ bill of sale, though absolute in form but given as security for a debt, is a mortgage and no more conveys the title than does a formal mortgage. Secs. 4348, 4350, 4358, Comp.
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Appeal irom circuit court, Kingsbury county. Hon. J. O. Andrews, Judge. Action to cancel certain mortgages of personal property. Plaintiffs had judgment, and defendants appeal. The facts are stated in the opinion. The plaintiffs’ bill of sale, though absolute in form but given as security for a debt, is a mortgage and no more conveys the title than does a formal mortgage. Secs. 4348, 4350, 4358, Comp. Laws; Jackson v. Lodge, 36 Cal. 28; Raynor v. Drew, 72 Cal. 307; Murdock v. Clark, 24 Pac. 272; Railroad v. Land Co., 36 N. W. 837; Schriber v. LeClair, 66 Wis. 579; Berry v. Ins. Co., 110 N. Y.…
1Opinion of the CourtCorson, J.
On January 10, 1889, one Charles W. Seefield being the owner of a certain steam flouring mill, engine house, engine, boilers, etc., situated upon lands leased from the railway company in the town of Arlington, in Kingsbury county, executed a bill of sale for the same to Rosenbaum Bros., plaintiffs herein, for the consideration of $25,000, and under which said plaintiffs took possession of said property on January 19, 1889. Prior to the execution and delivery of said bill of Sale by said Seefield to the Rosenbaums, he executed and delivered to Foss, Strong & Co., defendants herein, two…
2Cases cited22 opinions
- Gould v. . Cayuga County National BankNew York Court of Appeals · 1881
- Jackson ex dem. Yates v. HathawayNew York Supreme Court · 1818
- Sherman v. FitchMassachusetts Supreme Judicial Court · 1867
- Grand Chute v. WinegarSupreme Court of the United States · 1873
- Samuel D. Harris and Others v. Jesse D. ElliottSupreme Court of the United States · 1836
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3Cited by7 opinions
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- General Motors Acceptance Corp. v. WhitfieldSouth Dakota Supreme Court · 1934
- Kelly v. BairdNorth Dakota Supreme Court · 1934
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