Schouweiler v. McCaull

Citations

• 18 S.D. 70
• 99 N.W. 95
• 1904 S.D. LEXIS 24

Syllabus

<p>1. Under the provisions oí Code Civ. Proc. § 308, relative to exceptions and motions for new trial, a bill of exceptions, either on appeal from an order entered on a motion for new trial or on appeal from a judgment, should specify the alleged errors relied on for reversal.</p> <p>2. Under Code Civ. Proc. § 731, providing that persons furnishing grain to be sown or planted upon land shall have a lien on the crops produced from the seed furnished by them, and section 733, requiring such persons to file in the office of the register of deeds a written account stating the quantity of seed furnished and a description of the land upon which the same is to be sown, the description filed may include one or more tracts of land within the same county, and the account need not specify the number of bushels to be sown on each tract.</p> <p>3. To prove the execution of a chattel mortgage where one of the subscribing witnesses is absent from the county, it is only necessary to call the other witness, and in case his recollection is at fault, the mortgagor may be called and the facts of the execution of the mortgage be proved by him.</p> <p>4. Code Civ. Proc. § 734, provides that the régister of deeds shall lile and enter seed-lien statements in the manner required by law for the filing and entry of chattel mortgages. Section 740 has the same provision relative to threshers’ liens. Civ. Code, § 4386, requires chattel mortgages to be filed and indexed with numbers in regular order, and entered in a book kept for that purpose. Held, that the lienor’s duty is performed when he files a seed or thresher’s lien with the register of deeds, and, whether the register should index the lien in the chattel mortgage book or whether he should keep it in a separate index book, the lienor is not responsible, nor is his lien impaired, if the register pursues the wrong course.</p>