Jencks v. Murphy

Citations

• 15 S.D. 425
• 89 N.W. 1121
• 1902 S.D. LEXIS 27

Syllabus

<p>Though a mortgagor of personal property has defaulted, and delivered possession to the mortgagee on the latter’s demand, he still holds the legal title, the title of the mortgagee being merely a right of possession for the purpose of foreclosure; and where a third party levies an attachment against rhe mortgagor’s interest, and the mortgagor obtains a judgment dismissing his action, he is entitled to sue on the attachment bond, and recover whatever damages he has sustained, to the extent of his interest; and an answer setting up as a defense that the mortgagee has recovered judgment against the attachment plaintiff for the conversion of the identical property, and that the judgment has been paid, is therefore demurrable, as not affecting the mortgagor’s right of action.</p>