Lane v. Starr

Citations

• 1 S.D. 107
• 45 N.W. 212
• 1890 S.D. LEXIS 14

Syllabus

<p>1. In a chattel mortgage upon a stock of merchandise, an agreement between the mortgagor and mortgagee that the former shall remain in possession and make sales of the mortgaged stock as the agent of the latter, accounting monthly to him, until the indebtedness is paid, will not of itself render the mortgage^n'ma/aciefraudulont as to creditors.</p> <p>2. In such case the sales are made for the mortgagee, and are charged against and reduce the mortgage debt as fast as made.</p> <p>3. The fact that the mortgagor and mortgagee are brothers is not, in the absence of, and unconnected with, other facts and circumstances tending to throw suspicion on the transaction, evidence of fraudulent intent.</p> <p>(Syllabus by the Court.</p>