Brunswick-Balke-Collender Co. v. Brackett
Supreme Court of Minnesota
Appeal by defendant from an order of the municipal court of Minneapolis,. overruling a demurrer to the complaint. The action is brought to recover for the taking and conversion, by the defendant, of certain personal property. The complaint sets out the interest of the plaintiff as that of a mortgagee, a copy of the mortgage being attached, and the certificate of acknowledgment being as stated in the opinion.
1Opinion of the CourtMitchell, J.
The statute provides “that no mortgage of goods or chattels shall be notice of any fact, as against the creditors of the mortgagor, etc., unless the same is acknowledged before some officer authorized to take acknowledgment of deeds.” Gen. St. 1878, e. 39, §§ 3, 5. Objection is made to the sufficiency of the certificate of acknowledgment attached to the chattel mortgage under which plaintiff claims title. This certificate, under the hand and seal of the notary, is as follows: “State of Minnesota, Hennepin County — ss.: I, Eobert Christensen, a notary public in and for said county, do hereby…
2Cases cited4 opinions
- Chandler v. SpearSupreme Court of Vermont · 1850
- Sanford v. BulkleySupreme Court of Connecticut · 1862
- Wells v. AtkinsonSupreme Court of Minnesota · 1877
- La Grange Mill Co. v. BennewitzSupreme Court of Minnesota · 1881
3Cited by16 opinions
- Mastad v. BrethrenSupreme Court of Minnesota · 1901
- Denver Live Stock Commission Co. v. LeeCourt of Appeals for the Eighth Circuit · 1927
- Summer v. MitchellSupreme Court of Florida · 1892
- Erickson v. SammonsSupreme Court of Minnesota · 1954
- King v. MerrittMichigan Supreme Court · 1887
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