Legal Opinion

Slimmer v. Meade County Bank

South Dakota Supreme Court

Decided June 15, 1914PublishedCited by 5 opinions

Appeal from Circuit Court, Perkins County. Hon. Clay Carpenter, Judge. Action by Abraham. Slimmer and Lane J. Thomas, co-partners as Slimmer & Tilomas, against the Meade County Bank, in claim and delivery to recover alleged’ mortgaged property. From a judgment for defendant, and from an order denying a new trial, plaintiffs appeal. (i.) Under point one in the opinion, Appellants cited: First Nat.

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Appeal from Circuit Court, Perkins County. Hon. Clay Carpenter, Judge. Action by Abraham. Slimmer and Lane J. Thomas, co-partners as Slimmer & Tilomas, against the Meade County Bank, in claim and delivery to recover alleged’ mortgaged property. From a judgment for defendant, and from an order denying a new trial, plaintiffs appeal. (i.) Under point one in the opinion, Appellants cited: First Nat. Bank of Redfield v. Koechel, 8 S. D. 391; 66 N. W. 933; Plammon, Chattel Mortgages1, page 57; Jones, Chattel Mortgages, Sections 53-54; Smith v. McLain, 24 Iowa, 322; Advanced Thresher Oo. v.…

1Opinion of the Court

POLBF,Y, J.

On the 21st day of October, 1909, one English gave appellants a chattel mortgage. After -describing certain cattle of a designated brand, the mortgage contained '■ the following clause:

“As additional security to this loan, it -is my intention to mortgage all of the cattle and horses described in one certain chattel mortgage given -to the St. Paul -Cattle Loan Company, under date of October 8, 1908, for $io,2qo, there being due the S't. Paul Cattle Loan Company on the no/e 'described therein about $6,600 at the present time.”

Appellants’ mortgage as well as that of the St. Paul…

2Cases cited4 opinions

  1. Thompson v. AndersonSupreme Court of Iowa · 1895
  2. Newman v. TymesonWisconsin Supreme Court · 1860
  3. Chicago Title & Trust Co. v. O'MarrMontana Supreme Court · 1896
  4. Kneller v. KnellerSupreme Court of Iowa · 1892

3Cited by5 opinions

  1. Dorman v. Crooks State BankSouth Dakota Supreme Court · 1929
  2. Chester State Bank v. Minneapolis Threshing Machine Co.Montana Supreme Court · 1920
  3. Guaranty State Bank v. LawrenceSouth Dakota Supreme Court · 1927
  4. Nelson v. RobinsonSouth Dakota Supreme Court · 1925
  5. Hyde County State Bank v. State BankSouth Dakota Supreme Court · 1924

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