La Crosse Boot & Shoe Manuf'g Co. v. Mons Anderson Co.

Citations

• 9 S.D. 560
• 70 N.W. 877
• 1897 S.D. LEXIS 118

Syllabus

<p>1. Before the filing of a chattel mortgage, the property was removed to another county where it was sold for value. Afterwards the mortgage was filed in the county where it was given, and where the property had been situated; and subsequently, by agreement with said purchaser, a prior mortgagee seized and sold the property in a mode other than that prescribed by statute for sales in foreclosure of chattel mortgages. The subsequent mortgag'ee sued the purchaser and the prior mortgagee for conversion. Held, that the mortgage not having been filed in the county where the property was situated at the time of filing, as required by Comp. Laws, §§ 4879, 4880, the burden was on plaintiff mortgagee to show that the purchaser took with actual notice of the mortgage.</p> <p>2. A purchaser of goods is not affected by knowledge possessed by the seller of the existence of an unftled chattel mortgage thereon, executed by a former owner, and an agreement by such seller to pay the mortgage debt.</p>