Purdin v. Archer

Citations

• 4 S.D. 54
• 54 N.W. 1043
• 1893 S.D. LEXIS 38

Syllabus

<p>1. Where in a chattel mortgage, the mortgagor-agrees that upon default the moitgagee may take possession of the mortgaged property either preliminary to foreclosure or for preservation, the right of the mortgagee to take possession is not defeated by the death of the mortgagor.</p> <p>2. In such case the mortgagee’s right of possession is good against the mortgagor’s administrator.</p> <p>3. The mortgagee’s claim to such possession is not such a claim as must, under Section 5790, Comp. Laws, be presented to the administrator for allowance or rejection.</p> <p>(Syllabus by the Court.</p>