Averill Machinery Co. v. Vollmer-Clearwater Co.
Idaho Supreme Court
APPEAL from the District Court of the Second Judicial District, for Lewis County. Hon. Edgar C. Steele, Judge. Action to foreclose chattel mortgages. Judgment for cross-plaintiffs. There is the strongest kind of evidence that C. W. Rounds was the owner of the grain, and if so, F. W. Rounds had no right to mortgage it or attempt to do so, and any mortgage he might execute would be void. He could only mortgage such interest as he might have in the property. (Bradley Land Lbr.
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APPEAL from the District Court of the Second Judicial District, for Lewis County. Hon. Edgar C. Steele, Judge. Action to foreclose chattel mortgages. Judgment for cross-plaintiffs. There is the strongest kind of evidence that C. W. Rounds was the owner of the grain, and if so, F. W. Rounds had no right to mortgage it or attempt to do so, and any mortgage he might execute would be void. He could only mortgage such interest as he might have in the property. (Bradley Land Lbr. Go. v. Eastern Mfg. Go., 104 Me. 203, 71 Atl. 710; Benjamin Schivarz & Sons v. Kennedy, 142 Fed. 1027; Morris v. Brown,…
1Opinion of the CourtRice, J.
During the year 1913, one P. W. Rounds was the owner of Lots 3 and 4 and the E. % SW. % of Sec. 7, Tp. 34 N. of R. 1 W., B. M. On the 15th day of May, 1913, E. W. Rounds gave a chattel mortgage to John W. Sommer.ville, as executor of the last will and testament of J. H. Sommerville, deceased, on an undivided one-half of all the crop of grain of any kind or character growing or to be grown during the season of 1913 upon the said land. On the 8th day of August of the same year, P. ~W. Rounds and wife executed a chattel mortgage to the Averill Machinery Company, a corporation, on an undivided…
2Cases cited9 opinions
- Unfried v. LibertIdaho Supreme Court · 1911
- Hart v. BrierleyMassachusetts Supreme Judicial Court · 1905
- M. T. Bank v. . F. M. Nat. BankNew York Court of Appeals · 1875
- Hofreiter v. SchwablandWashington Supreme Court · 1913
- Sears v. LydonIdaho Supreme Court · 1897
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