Keith v. Haggart
North Dakota Supreme Court
PPEAL from district court, mam B. McConnell, Judge. Cass county; Hon. Wil- Action by plaintiff, as mortgagee, against defendant, as sheriff of Cass county, to recover value of wheat seized and sold by defendant under execution. Judgment for plaintiff. The mere signing of a mortgage, coupled with the fact that' the same found its way into the office of the register of deeds, does not constitute a delivery. Jones on Chat.
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PPEAL from district court, mam B. McConnell, Judge. Cass county; Hon. Wil- Action by plaintiff, as mortgagee, against defendant, as sheriff of Cass county, to recover value of wheat seized and sold by defendant under execution. Judgment for plaintiff. The mere signing of a mortgage, coupled with the fact that' the same found its way into the office of the register of deeds, does not constitute a delivery. Jones on Chat. Mortg., § 106; Day v. Griffith, 15 Iowa 101. The question of delivery is always a question of fact for the jury. Jones on Chat. Mortg., § 112. There being no delivery of a…
1Opinion of the Court
The opinion of the court was delivered by
Bartholomew, J.
Sections 4388 and 4389 of the Compiled Laws provide that, before mortgaged chattels can be taken on execution against the mortgagor, the officers holding the writ must pay or tender to the mortgagee the amount of the mortgage debt, or deposit such amount with the county treasurer, payable to the order of the mortgagee. The respondent, as mortgagee, brought an action against the appellant, as sheriff of Cass county, to recover the value of certain property seized and sold by appellant under execution against one Donald E. Keith, and upon…
2Cases cited7 opinions
- Maynard v. MaynardMassachusetts Supreme Judicial Court · 1813
- Whitney v. ThacherMassachusetts Supreme Judicial Court · 1875
- Crane v. FrenchNew York Supreme Court · 1828
- Cleveland & Toledo R. R. v. PerkinsMichigan Supreme Court · 1868
- Cobb v. ChaseSupreme Court of Iowa · 1880
2 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Pease v. MagillNorth Dakota Supreme Court · 1908
- Bidgood v. Monarch Elevator Co.North Dakota Supreme Court · 1900
- Hellstrom v. First Guaranty BankNorth Dakota Supreme Court · 1926
- J. I. Case Threshing Machine Co. v. OlsonNorth Dakota Supreme Court · 1901
- Security State Bank v. Burnstad Farmers Elevator Co.North Dakota Supreme Court · 1930
1 more not listed; retrieve them via the Exa API.