Merrill v. Dawson
U.S. Circuit Court for the District of Arkansas
[This was a bill in equity by Ayres P. Merrill against James L. Dawson, William Dawson, James Smith, Samuel C. Roane, Samuel Taylor, Nathaniel H. Pish, Garland Hard-wick, Absalom Fowler, Noah H. Badgett and Sophia M. Baylor, to foreclose a mortgage of certain negroes executed to secure the plaintiff.) I. It is too well established at this day to be controverted., that a mortgage is a chattel interest.
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[This was a bill in equity by Ayres P. Merrill against James L. Dawson, William Dawson, James Smith, Samuel C. Roane, Samuel Taylor, Nathaniel H. Pish, Garland Hard-wick, Absalom Fowler, Noah H. Badgett and Sophia M. Baylor, to foreclose a mortgage of certain negroes executed to secure the plaintiff.) I. It is too well established at this day to be controverted., that a mortgage is a chattel interest. The object of the transaction in its original construction, is to create a security and that only. The mortgagor is equitably the sole owner until foreclosure, and has an estate of inheritance…
1Opinion of the Court
JOHNSON, District Judge.
The first exception points to the omission of the name of James L. Dawson, as one of the defendants, in the caption of the depositions of Trap-nail, Dorris, Walker, White, Bogy, and Hammett; but his name appears as a defendant in the order of the court appointing commissioners, in the notices served on the defendants, in the caption of the interrogatories which were filed and attached to, and issued with, the commission, in the commission which issued under ■ the authority of this court, and in the oath of the commissioners to execute the same. The commissioner states,…
2Cases cited3 opinions
- Smith & Hoe v. AckerCourt for the Trial of Impeachments and Correction of Errors · 1840
- Frost v. BeekmanNew York Court of Chancery · 1814
- Jewett v. PalmerNew York Court of Chancery · 1823
3Cited by1 opinion
- Seiden v. Concordia Fire Ins. Co. of MilwaukeeDistrict Court, S.D. New York · 1931