Pitts Agricultural Works v. Baker

Citations

• 11 S.D. 342
• 77 N.W. 586
• 1898 S.D. LEXIS 129

Syllabus

<p>1. Under Laws 1889, Chapt. 26, entitled “An Act to give publicity to chattel mortgage sales,” providing', by Section 5, that “all sales under this Act shall be * * * within 20 days after seizure of the property, unless the sale shall be postponed,” but, by section 10, providing that the Act shall not prevent foreclosure by action, failure to make sale within 20 days after the mortgagee takes possession of the property does not discharge the lien of the mortgage.</p> <p>2. Capacity of plaintiff mortgagee to bring in the courts of the state his action to recover of the mortgagor the mortgaged chattels cannot be questioned by interveners, they being in effect plaintiffs, as, in their complaints in intervention, they seek to recover of plaintiff for conversion of the mortgaged chattels.</p>