Coughran v. Sundback

Citations

• 9 S.D. 483
• 70 N.W. 644
• 1897 S.D. LEXIS 94

Syllabus

<p>1. A chattel mortgagee, entitled under the mortgagee to take possession of the property whenever he deems himself insecure, may maintain replevin against an officer who seizes the same under execution, without first paying, tendering or depositing the amount due on the mortgage, as required by Comp. Laws, Sec. 4889.</p> <p>2. Whei’e mortgag'ed chattels are wrongfully seized under execution, the right of the mortgagee to maintain replevin for their recovery, or their value is unaffected by the fact that the mortgagor has other property covered by the mortgage, sufficient to pay the debt.</p> <p>A mortgage on “all the crops of 1891 to be raised upon'the N. E. 4, Sec. 6, Tp. 10, R. 48, consisting of 90 acres,” sufficiently describes the property.</p> <p>Where a note for money due plaintiff was, at his instance, made payable to a third person, who indorsed it to plaintiff without recourse; the latter is the real' party in interest ip respect to the note and the chattel mortgage securing the same, and may bring replevin against an officer who wrongfully levies on the chattels on execution against the mortgagor.</p>