Felker v. Grant

Citations

• 10 S.D. 141
• 72 N.W. 81
• 1897 S.D. LEXIS 21

Syllabus

<p>1. In replevin by a mortgagor of chattels against one claiming under a sale under 'the mortgage, evidence that at the time the mortgage was executed, and up to the time it was foreclosed, the property was situated in a county other than that in which the sale occurred, and was seized in such other county, and taken to the latter for sale, was objected to, on the ground that it was imcompetent, irrelevant wand immaterial, and that plaintiff was estopped from showing that the property was not in the latter county at the execution of the mortgage. The objection was sustained, but on what ground did not appear. The evidence was not set forth in the abstract, and there was no copy of the mortgage therein. Held, that no error appeared.</p> <p>2. A finding that a chattel mortgage was duly filed in a certain county is equivalent to a finding that the mortgaged property was situated in such county at the time the mortgage was executed.</p> <p>3. Under Laws 1889, Chap. 26, Sec. 3, providing that “the board of county commissioners of the several counties shall at their regular quarterly meetings in April, and every' year thereafter, designate not less than three public places in their respective counties” for the sale of chattels under mortgage, only the first designation, and not the subsequent ones, were required to be made at a regular quarterly meeting.</p> <p>4. Laws 1889, Chap. 26, Sec. 4, provides that notice of a chattel mortgage sale shall be published in a newspaper of general circulation, printed and published “nearest the place of sale,” in the county wherein the mortgage has been filed. Held, that where more than one paper is printed in the city, village or town where the sale is to take place, the notice may be published in either, without regard to their relative distance from the particular place in such city, town or village where the sale is to occur.</p>