North Carolina Land & Lumber Co. v. Boyer

Citations

• 191 F. 552
• 39 L.R.A.N.S. 627
• 1911 U.S. App. LEXIS 4963

Syllabus

<p>' 1. Chattel Mortgages (§ 291*) — Title of Mortgagee — Decree Adjudging Breach oe Condition — Relation.</p> <p>In the absence of statutory provision to the contrary, on breach of the conditions of a chattel mortgage, the title and right of possession to the property vests at- once in the mortgagee, and, where the mortgagee brings suit ty enforce such right and to foreclose the mortgagor’s right of redemption, the decree therein is merely a judicial declaration of a pre-existing right, and, as a muniment of complainant's title, relates back to the date of the breach.</p> <p>[Ed. Note. — For other cases, see Chattel Mortgages, Dee. Dig. § 291.*]</p> <p>2. Chattel Mortgages (§ 138*) — Breach oe Condition — Passing oe Title to Mortgagee — Property Temporarily- in Another State.</p> <p>The passing of title to personal property to a mortgagee for breach of condition of the mortgage, confirmed by decree of a court of competent jurisdiction, was no less effective with respect to a locomotive engine which constituted a part of the property because at the time of such passing of title the engine, which was in- use in the interstate business of the mortgagor, chanced to be temporarily in another state than that of its permanent situs and where it was owned, and it was not thereafter subject to attachment in the foreign state by creditors of the mortgagor.</p> <p>[Ed. Note. — For other cases, see Chattel Mortgages, Dec. Dig. § 13S.*]</p> <p>8. Chattel Mortgages (§ 188*) — Suit to Foreclose Chattel Mortgage-Property Temporarily ra Another State — Attachment Pendente Lite.</p> <p>Plaintiff brought suit in a federal court in North Carolina for strict foreclosure of a chattel morí sage covering property, among which was a locomotive engine in use by the mortgagor on a railroad miming across the line into Tennessee, and then temporarily in the latter state on a trip. Receivers were appointed, but, before the engine had returned into North Carolina, an attachment was levied on it