Cook & McElvey v. Halsell

Citations

• 65 Tex. 1
• 1885 Tex. LEXIS 302

Syllabus

<p>1. Chattel mortgages—Indorsement—Construction.—As far as the indorsement of chattel mortgages is concerned, sec. 2, R. S. App., p. 16, requires the clerk merely to note the “ time of receiving” the instrument, and if he uses the words “filed for record” at a certain date, the indorsement sufficiently indicates the day on which the paper was received in the office.</p> <p>2. Same.—The clerk is required to keep the paper in his office for the inspection of all persons interested, yet he is not required to state all this in his indorsement.</p> <p>3. Evidence—Record.—To prove the registry of a chattel mortgage, the record book containing the entry, or a certified copy of the entry, should be produced; but if no objection is raised in the court below to the introduction of parol evidence to prove the fact of registry, the objection will not be considered for the first time on appeal.</p> <p>4. Mortgage—Possession.— A saloon-keeper gave to plaintiff a mortgage on certain saloon furniture and liquors to secure the payment of a note, the mortgagee continuing in possession of the property, and retailing the liquors and using the furniture in the course of his business as a saloon-keeper. The property, or rather what was left of it, was attached and bought by defendants at the sheriff’s sale. A suit was brought against the mortgagor and purchasers to compel payment of the note, and to foreclose the mortgage. Held:</p> <p>(1) That the mortgagee could leave the mortgagor in possession of the furniture without injuring his lien.</p> <p>* (2) That if it was the intention of the mortgagee to leave the mortgagor in possession of the liquors, and allow him to sell the same in the ordinary course of trade, the mortgage was void as to such articles.</p> <p>(3) See facts held insufficient to sustain a verdict against the purchasers for the value of the liquors.</p> <p>5. Replevy—Verdict.— A verdict against parties who have replevied property should find the value of the various ite