Reader v. Roberts
| Decision Date | 30 March 1923 |
| Docket Number | 3891 |
| Citation | 61 Utah 472,214 P. 299 |
| Court | Utah Supreme Court |
| Parties | READER et al. v. ROBERTS et al |
Appeal from District Court, Fourth District, Uintah County; Elias Hansen, Judge.
Action by J. H. Reader and another against M. H. Roberts and others. From judgment for plaintiffs against the named defendants separately and defendants William Craver and John O. Watters jointly, the last two named defendants appeal.
AFFIRMED.
Pope & Porter, of Duchesne, for appellants.
Charles De Moisy, of Vernal, for respondents.
Judgment was rendered by the trial court against M. H. Roberts separately, and Wm. Craver and John O. Watters jointly. The appeal is by Craver and Watters.
The evidence supports all the material findings of fact, which are:
(1) That on the 18th day of December, 1917, at Vernal, Utah, defendant M. H. Roberts made, executed, and delivered to Clay Robinson & Co., of Chicago, Ill., his certain promissory note whereby he promised to pay to said Clay Robinson & Co., one year after said date, the sum of $ 6,000, with interest at the rate of 8 per cent. per annum after date, and with 5 per cent. attorney's fees and all costs of collection.
(2) That, to secure the payment of said promissory note, said defendant executed and delivered to Clay Robinson & Co., in good faith and without any attempt to defraud creditors or purchasers, his certain chattel mortgage, whereby he mortgaged to Clay Robinson & Co. 750 young ewes and 15 Cottswold bucks, all woolbranded R in red paint and earmarked as follows: Crop in left ear and upper and under bit in right ear, being all the sheep so marked and branded in the herd or herds of said mortgagor and all that he owned bearing said marks and brands, together with the increase thereof.
(3) That a certified copy of said chattel mortgage was filed on the 2d day of August, 1918, in the office of the county recorder of Uintah county, Utah, and on the 14th day of September, 1918, a like certified copy of said chattel mortgage was filed in the office of the county recorder of Duchesne county, Utah, the counties in which the said mortgaged sheep were being ranged and herded.
(4) That prior to the commencement of this action plaintiffs, for value, became the owners and holders, by mesne assignment, of said promissory note and said chattel mortgage, and are still the lawful owners and holders of the said promissory note and said chattel mortgage.
(5) That about the 3d day of November, 1918, with notice of the aforesaid chattel mortgage, defendants William Craver and John O. Watters purchased from the defendant M. H. Roberts 182 head of lambs, which were running with their mothers and were wool-branded with R in red paint the same as the mothers of said lambs, and that the said lambs were of the value of $ 8 per head, the total value of said lambs being $ 1,456.
(6) That on or about the 17th day of February, 1919, with the knowledge and consent of the defendant M. H. Roberts, the mortgagor,...
To continue reading
Request your trial