Single v. Phelps
Wisconsin Supreme Court
APPEAL from tbe Circuit Court for Saule County. On tbe 26tb of November, 1857, Pearley Dodge and Carry L. Judson executed to tbe plaintiff a cbattel mortgage to secure tbe payment by them to Mm of $11,000 on or before July 1st, 1859. The property mortgaged is described as “ all the pine logs that are now lying in the stream and on the bank of the stream called Little Rib, and also all our right, title, interest, claim or demand, of, in or to, or that we may acquire in, all…
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APPEAL from tbe Circuit Court for Saule County. On tbe 26tb of November, 1857, Pearley Dodge and Carry L. Judson executed to tbe plaintiff a cbattel mortgage to secure tbe payment by them to Mm of $11,000 on or before July 1st, 1859. The property mortgaged is described as “ all the pine logs that are now lying in the stream and on the bank of the stream called Little Rib, and also all our right, title, interest, claim or demand, of, in or to, or that we may acquire in, all pine saw logs to be put into the stream or on the bank of the stream called Little Rib, this coming logging season of…
1Opinion of the CourtDixon, C. J.
Section 9, chap. 76, R. S. 1849, now found as section 9, chap. 107, R. S. 1858, provides that “no mortgage of personal property hereafter made shall be valid against any other person than the parties thereto, unless possession of the mortgaged property be delivered to and retained by the mortgagee, or unless the mortgage (or a copy thereof) be filed in the office of the town clerk where the mortgagor resides.” The question in this case, and the only one we shall consider, is as to the effect of this provision upon a mortgage of personal property acquired after the mortgage was executed and…
2Cases cited2 opinions
- Ely v. . CarnleyNew York Court of Appeals · 1859
- Farmers' Loan & Trust Co. v. HendricksonNew York Supreme Court · 1857
3Cited by18 opinions
- Nocktonick Ex Rel. Matson v. NocktonickSupreme Court of Kansas · 1980
- Kirchner v. CrystalOhio Supreme Court · 1984
- Shearer v. ShearerOhio Supreme Court · 1985
- Apperson & Co. v. W. E. & C. L. MooreSupreme Court of Arkansas · 1875
- Shepardson v. CaryWisconsin Supreme Court · 1871
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