Mountain Home Sheep Co. v. Faraday & Weaver

• Decision Date: 13 February 1923
• Court: Idaho Supreme Court
• Parties: MOUNTAIN HOME SHEEP COMPANY, Appellant, v. FARADAY & WEAVER, Respondents

212 P. 970

36 Idaho 633

MOUNTAIN HOME SHEEP COMPANY, Appellant, v. FARADAY & WEAVER, Respondents

Supreme Court of Idaho

February 13, 1923

REPLEVIN-TITLE TO MAINTAIN ACTION-EVIDENCE.

1. In an action in claim and delivery, plaintiff must recover on the strength of his own title, and not on the weakness of defendant's title.

2. Held, under the facts of this case, appellant failed to establish his title to or right to possession of the personal property involved.

APPEAL from the District Court of the Third Judicial District, for Elmore County. Hon. Charles F. Reddoch, Judge.

Action in claim and delivery. Judgment for respondents. Affirmed.

Judgment affirmed. Costs awarded to respondents.

E. G Davis, for Appellant.

"The question of the sufficiency of the description of property in a chattel mortgage is one of law and not of fact, and if such description is sufficient as between the mortgagor and the mortgagee, it cannot be questioned by a stranger to the title of the mortgagor. The sufficiency of such description can be questioned only by a purchaser in good faith from the mortgagor or his vendee, or by one who claims protection under the law requiring chattel mortgages to be recorded." (5 R. C. L. 430; Wilson v. Rustad, 7 N.D. 330, 66 Am. St. 649, and note, 75 N.W. 260; Kelley v. Andrews, 102 Iowa 119, 71 N.W. 251; note in 25 L. R A., N. S., 114; 11 C. J. 457, and authorities cited in notes 30, 31, 32.)

Both the Bengoecheas and the defendant had legal notice that the mortgagee, the Spokane Cattle Loan Co., the predecessor in interest of the plaintiff, claimed possession of the "Mrs. Bengoechea" car for purposes of sale. At no time have they raised any question as to the validity of the transfer of title to this property from the Spokane Cattle Loan Co., the mortgagee, to the plaintiff.

If the owner of property stands by and sees another sell property as his own without asserting his own title, or giving the purchaser any notice of it, he is estopped as against such purchaser from asserting it afterwards. (Vilas v Mason, 25 Wis. 310; Guffey v. O'Reiley, 88 Mo. 418, 57 Am. Rep. 424, and note; Markham v. O'Connor, 52 Ga. 183, 21 Am. Rep. 249; Nevin v. Belknap, 2 Johns. (N. Y.) 573; Guthrie v. Quinn, 43 Ala. 561; Engle v. Burns, 5 Call (Va.), 463, 2 Am. Dec. 316; Henderson v. Overton, 2 Yerg. (Tenn.) 394, 24 Am. Dec. 492; Marines v. Goblet, 31 S.C. 153, 17 Am. St. 22, and note, 9 S.E. 803; Power's Appeal, 125 Pa. 175, 11 Am. St. 882, and note, 17 A. 254; see note, 57 Am. Rep. 429.)

J. G. Watts, for Respondents, files no brief.

BUDGE, C. J. McCarthy, Dunn and Wm. E. Lee, JJ., concur.

OPINION

BUDGE, C. J.

This is an action in claim and delivery, brought to recover possession of two automobiles or their value in case delivery cannot be had. The court directed a verdict in favor of appellant as to one of the automobiles, as to which there is no controversy here, and this appeal is from that part of the judgment, based upon the verdict of the jury, awarding possession of the other automobile to respondents.

The complaint alleges ownership and right of possession in appellant. Respondents' answer alleges right of possession based upon a lien for repairs and sets up the title in one Mrs. Jose Bengoechea. Upon the issues thus framed the cause was tried in the court below.

It appears from the record that one Jose Bengoechea executed a chattel mortgage to the Spokane Cattle Loan Company upon certain sheep and camp equipment, including "All horses, camp outfits and camp equipment of every kind and description, used in the management of said sheep, consisting of about 100 horses, 20 camp wagons and camps, trucks and automobiles. . . ."

Appellant sought to show its title and right of possession based upon this chattel mortgage, claiming that the automobile was covered by the mortgage, that the mortgage was foreclosed and the automobile bid in by the Spokane Cattle Loan Company. Thereafter, a bill of sale was given by the latter company to appellant covering this car....