Hall v. Johnson
Supreme Court of Colorado
Appeal from the District Court of Park County. This is an action for the recovery of the possession of specific personal property. The complaint bases the plaintiff’s right of possession upon the existence of certain facts, ■which are with particularity set out in the complaint, and which are claimed to constitute ownership in the plaintiff. The first defense of the answer is a general denial, and the second defense is a justification under an attachment writ.
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Appeal from the District Court of Park County. This is an action for the recovery of the possession of specific personal property. The complaint bases the plaintiff’s right of possession upon the existence of certain facts, ■which are with particularity set out in the complaint, and which are claimed to constitute ownership in the plaintiff. The first defense of the answer is a general denial, and the second defense is a justification under an attachment writ. The case was tried to the court without a jury, partly upon an agreed statement of facts, and partly upon evidence introduced by both…
1Opinion of the CourtJustice Campbell
We are of the opinion that the trust deed to Harding, in so far as it relates to the personal property embraced therein, constitutes a chattel mortgage. We are also of opinion that the authority therein reserved to the mortgagor to sell and dispose of a portion of the property included in the mortgage, with the power to devote the proceeds of such sale to its own use, renders the instrument inconsistent with its being a security, and that therefore in law it is void and fraudulent as to creditors of the mortgagor, and that the requirement that the mortgagor shall keep the number of the herd…
2Cases cited2 opinions
- Gallagher v. RosenfieldSupreme Court of Minnesota · 1891
- Roberts v. JohnsonColorado Court of Appeals · 1895
3Cited by14 opinions
- Illinois Building Co. v. PattersonSupreme Court of Colorado · 1932
- Glass & Bryant Mercantile Co. v. Farmers State BankSupreme Court of Colorado · 1927
- The Exchange National Bank of Colorado Springs v. Raymond Hough, as TrusteeCourt of Appeals for the Tenth Circuit · 1958
- Brennan v. W. A. Wills, Ltd.Court of Appeals for the Tenth Circuit · 1959
- Lee v. StanardColorado Court of Appeals · 1900
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