Fordyce v. Neal
| Decision Date | 24 April 1879 |
| Citation | 40 Mich. 705 |
| Court | Michigan Supreme Court |
| Parties | Thomas J. Fordyce v. Abraham Neal |
Submitted April 18, 1879
Error to Isabella. Submitted April 18. Decided April 24.
Judgment reversed with costs and a new trial ordered.
Fancher & Dodds for plaintiff in error.
Brown & Leaton for defendant in error.
The only question presented in this case is as to the sufficiency of a description of certain oxen in a chattel mortgage, which had been duly filed, as against one claiming to be a subsequent bona fide purchaser.
The description was: "all the cattle, consisting of two yoke, aged six and seven years, color, red, white and blue * * and all other property now in our possession in or about said village," etc.
This clearly must be held a good description within the rule laid down in Farwell et al. v. Fox, 18 Mich. 166; Willey v. Snyder, 34 Mich. 60. It was not necessary that the full description as given should apply to each ox.
The judgment must be reversed with costs and a new trial ordered.
The other Justices concurred.
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Farm & Cattle Loan Co. v. Faulkner
... ... offer evidence of identity, for the reason that they were ... fully identified by the pleadings; Adamson vs ... Fagan, 47 N.W. 56; Fordyce vs. Neal, 40 Mich ... 705; Adams Co. vs. So. Omaha, 123 F. 641; plaintiff ... paid its taxes in Weston County. The judgment should be ... ...
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Genesee Merchants Bank & Trust Co. v. Grand Packing Co.
...red, white, and blue * * * and all other property now in our possession in or about said village,' held to be sufficient in Fordyce v. Neal (1879), 40 Mich. 705. See, also, National Live Stock Credit Corp. of St. Louis v. Thompson (CA 10, 1935), 76 F.2d 696; Genger v. Albers (1949), 90 Cal.......
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Wade v. Strachan
...v. Snyder sustain the validity of this mortgage as against the first objection stated. Curtis v. Martz, 14 Mich. 510; Fordyce v. Neal, 40 Mich. 705; Austin v. French, 36 Mich. 199; Giddey v. Uhl, 27 Mich. 94. The second objection is based upon the fact that plaintiff's mortgage was not rene......
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Wade v. Strachan
... ... Willey v. Snyder sustain the ... validity of this mortgage as against the first objection ... stated. Curtis v. Martz, 14 Mich ... 510; Fordyce v. Neal, 40 Mich ... 705; Austin v. French, 36 Mich ... 199; Giddey v. Uhl, 27 Mich. 94 ... The ... second objection is based upon ... ...