Rosenbaum v. Foss

Citations

• 7 S.D. 83
• 63 N.W. 538
• 1895 S.D. LEXIS 40

Syllabus

<p>1. A. gave a chattel mortgage to B. on personal property therein specifically described. He afterwards gave another chattel mortgage to C. on all his “rig’ht, title, and interest in and to” the same personal property. Held, that C’s mortgage was not of the same property rights previously mortgaged to A.</p> <p>2. Thez’e being no hostility between the first and second mortgage, C. was not in position to attack the validity of the filing of the mortgage to B.</p> <p>3. The mortgage to B. being good as between A. a.nd him, it was good as against C., who took by his mortgage only what “right, title and interest” A. had when he made the mortgage to C.</p> <p>CORSON, P. J., dissenting.</p> <p>(Syllabus by the Court.</p>