Camp v. Murphy

• Decision Date: 26 May 1897
• Parties: CAMP v MURPHY.
• Court: Minnesota Supreme Court

68 Minn. 378

71 N.W. 1

CAMPvMURPHY.

Supreme Court of Minnesota.

May 26, 1897.

(Syllabus by the Court.)

A renewal affidavit of a chattel mortgage was taken before a person who signed the jurat as W. F. Cooley, “Recorder.” The record showed the existence of the village of Morris, in Stevens county, Minn.; that in said village there was an office designated as office of “village recorder”; that there was in fact such an officer therein as village recorder; that said affidavit was in fact filed in said office, where the original mortgage was filed; that said Cooley certified upon said affidavit with proper venue thereon indorsed; that said affidavit was filed in his office, and affixed to his signature there the word “Recorder.” Held, in connection with all the facts in this case, a sufficient designation of his office, and that the affidavit was valid.

Appeal from district court, Stevens county; C. L. Brown, Judge.

Action by Charles E. Camp against Timothy Murphy. Judgment for defendant, and plaintiff appeals. Affirmed.

Geo. E. Darling, for appellant.

Wm. C. Bicknell, for respondent.

BUCK, J.

The plaintiff claims title to a certain frame building situate upon lot 9, block 13, in the village of Morris, Stevens county, in this state. His right to this building is based upon an execution sale issued upon a judgment rendered in justice court wherein he was plaintiff and one Elliott was defendant. The regularity of the sale is not challenged. The frame building is conceded to be personal property, and the defendant's claim to it is based upon a chattel mortgage executed to him by Elliott. Before the expiration of the time in which it was required to be renewed, the defendant made an affidavit of renewal in these words, viz.:

“State of Minnesota, County of Stevens-ss.: Timothy Murphy, of said county, being duly sworn, says that he is the same Timothy Murphy and mortgagee and person named in, and now the holder of, a certain chattel mortgage made by R. F. Elliott, an artist and photographer of the village of Morris, state of Minnesota, to Timothy Murphy, of said village and state, and which said mortgage falls due on Sept. 1st, 1893, which mortgage bears date the 17th day of September, A. D. 1892, and was on the 17th day of September, A. D. 1892, duly filed in the office of the recorder in and for the village of Morris, in said county of Stevens, state of Minnesota. That the sum of two hundred twenty-nine and 9/100 dollars is now remaining unpaid upon and secured by said mortgage, which constitutes the extent of the interest of said Timothy Murphy and lien upon the property therein mentioned, by virtue of such mortgage. [Signed] Timothy Murphy.

“Subscribed and sworn to before me this 24th day of Aug., A. D. 1895. W. F. Cooley, Recorder.”

And said affidavit was attached to said chattel mortgage, and filed in the office of said village recorder of the village of Morris on the said 24th day of August, 1895, where the same has at all times remained, with the indorsement thereon in the words and figures following: “State of Minnesota, County of Stevens, Village of Morris. I hereby certify...