Broom v. Armstrong

Citations

• 137 U.S. 266
• 11 S. Ct. 73
• 34 L. Ed. 648
• 1890 U.S. LEXIS 2086

Syllabus

<p>In Utah an action under the statute (§ 3460 Compl. Laws Utah, 1888) to foreclose a chattel mortgage, if'commenced while the lien of the mortgage is good as against creditors and purchasers, keeps it alive, and continues it until the decree a'nd sale perfect the plaintiff’s rights, and pass title to the purchaser.</p> <p>Under § 3206 of the Compiled Laws of Utah, the rule of lis pendens applies to an action to foreclose a mortgage of personal property.</p> <p>The enforcement of a mortgagee’s rights under a chattel mortgage by a suit for foreclosure is commended as affording a safer and more adequate remedy than is afforded by actual seizure and sale of the mortgaged property, or by an action of replevin, detinue or trover.</p>