Greeley v. Winsor
South Dakota Supreme Court
Appeal from district court, Minnehaha county. Hon. Frank R. Aikens, Judge. Opinion upon rehearing. The court erred in holding that because the chattel mortgage lease in controversy was prima facie fraudulent as to a portion of the property because permission was given to the mortgagor to sell such property, that it was also void as to the furniture and fixtures that were not included in the permission to sell; that because fraudulent in part, it was fraudulent in toto.
Read the full summary
Appeal from district court, Minnehaha county. Hon. Frank R. Aikens, Judge. Opinion upon rehearing. The court erred in holding that because the chattel mortgage lease in controversy was prima facie fraudulent as to a portion of the property because permission was given to the mortgagor to sell such property, that it was also void as to the furniture and fixtures that were not included in the permission to sell; that because fraudulent in part, it was fraudulent in toto. Jones on Chat. Mortgages, § 351; Kent’s Com., §§ 467. 468; Lumber Co. v. Court, 35 Mich. 254; Barrens v. Capen, 11 Cush. 37;…
1Opinion of the CourtKellam, J.
This case was argued and decided at a former term. See 45 N. W. Rep. 325. The principal questions presented and argued were: (1) The force and effect of the provisions in the lease for a lien for rent, as against the mort-. gage creditors, considered in connection with other provisions of the lease; and (2) the jurisdiction of the territorial supreme court, to which this appeal was originally taken, to entertain an appeal from an order overruling a demurrer. The second question was not considered in the opinion of the court; and on that account, more particularly, though not exclusively, a…
2Cases cited28 opinions
- Clinton v. EnglebrechtSupreme Court of the United States · 1872
- Smith v. AdamsSupreme Court of the United States · 1889
- Robinson v. ElliottSupreme Court of the United States · 1875
- Coleman v. . BurrNew York Court of Appeals · 1883
- Perris v. HigleySupreme Court of the United States · 1874
23 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Hollenbeck v. LoudenSouth Dakota Supreme Court · 1915
- Chambers v. WilsonSouth Dakota Supreme Court · 1940
- Egan State Bank v. RiceCourt of Appeals for the Eighth Circuit · 1902
- First National Bank v. CalkinsSouth Dakota Supreme Court · 1900
- Erickson v. GillSouth Dakota Supreme Court · 1959
1 more not listed; retrieve them via the Exa API.