Howard v. Witters
Decision Date | 25 September 1888 |
Citation | 15 A. 303,60 Vt. 578 |
Parties | ALFRED W. HOWARD v. LUCRETIA H. WITTERS |
Court | Vermont Supreme Court |
JANUARY TERM, 1888
TROVER for taking live stock and farming tools. Trial by jury September Term, 1887, TYLER, J., presiding. The court ruled that the real estate mortgages, under which the plaintiff claimed, were not operative to form any title or lien, as against the chattel mortgage under which the defendant claimed, and directed a verdict for the defendant. The case is stated in the opinion.
The judgment is affirmed.
H N. Deavitt and O. P. Ray, for the plaintiff.
Lafave and wife conveyed a farm, together with the live stock and farming tools in question, to Chevalier on the 20th day of May, 1882. This conveyance was by a warranty deed, and the personal property passed absolutely. To secure the purchase money, Chevalier, on the same day, executed an ordinary real estate mortgage to the plaintiff to secure $ 1,000 advanced by the plaintiff to Mrs. Lafave for Chevalier, and another mortgage to Mrs. Lafave to secure the balance of the purchase money, and in both said mortgages attempted to mortgage said personal property.
In December, 1883, Chevalier, who had been in possession of the farm and personal property since May 20, 1882, executed to the defendant a chattel mortgage of the personal property purchased of Lafave, as above stated, to secure a loan then made to him by the defendant. Before taking the chattel mortgage the defendant examined the records of personal mortgages and liens in the town clerk's office, and found no encumbrance upon the property, and had no actual notice of the contents of the plaintiff's deed.
The mortgage of the personal property by Chevalier to the plaintiff was valid between the parties as a common law mortgage. But as to subsequent...
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