Legal Opinion · Dissent

Babbitt Bros. Trading Co. v. Marley

Arizona Supreme Court

Decided July 23, 1925No. Civil No. 2361Published

1DissentRoss, J.

(Dissenting.) — The printed matter in the mortgage as quoted in prevailing opinion penalizes the mortgagors should they sell any of the mortgaged property. It negatives consent by the mortgagee to mortgagors to sell such property or any of it. If they do 'such a thing, the due date is hastened and immediate possession of the property may be taken by the mortgagee.

The typewritten clause is not in conflict with such printed matter. It does not authorize or empower' the mortgagors to sell any of the property. All it does is to state, in effect, that should any sales of cattle be made “from the…

2Cases cited2 opinions

  1. Eastern Bridge & Structural Co. v. Curtis Building Co.Supreme Court of Connecticut · 1915
  2. Eager v. MathewsonNevada Supreme Court · 1903

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