Walter A. Wood Mowing & Reaping Machine Co. v. Lee
South Dakota Supreme Court
Appeal from • circuit court, Minnehaha county. Hon. D. Haney, Judge. Action to determine priority of mortgage liens. Defendants had judgment, and plaintiff appeals. The facts are stated in the opinion.
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Appeal from • circuit court, Minnehaha county. Hon. D. Haney, Judge. Action to determine priority of mortgage liens. Defendants had judgment, and plaintiff appeals. The facts are stated in the opinion. To entitle defendants to priority they must, at the time of taking the mortgage to them, have paid or advanced to Lee some consideration, or have relinquished some security theretofore held by them, discontinued some action or proceedings already pending for the collection of their demand, or have in some other way acted to their prejudice. Bank v. Bates, 120 U. S. 556; Cary y. White, 52 N. Y.…
1Opinion of the CourtFuller, J.
Whether, under the circumstances of this case, plaintiff’s unfiled chattel mortgage, executed by the defendant Lee on the 9th day of April, 1890, is entitled to priority over a mortgage upon the same and other personal property executed subsequently by said Lee to the defendants F. H. Peavey & Co., and filed on the 3d day of May, 1890, is the principal question presented by this appeal which is taken by plaintiff from a judgment in favor of defendants for costs, and upon all the issues within the pleadings. The substantive facts are *72few, and as follows: Lee, who was the owner of a flouring…
2Cases cited7 opinions
- Gilchrist v. GoughIndiana Supreme Court · 1878
- Pratt v. . ComanNew York Court of Appeals · 1868
- Port v. EmbreeSupreme Court of Iowa · 1880
- Burns v. RowlandNew York Supreme Court · 1863
- Ryder v. RushIllinois Supreme Court · 1882
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