W. W. Kimball Co. v. Kirby

Citations

• 4 S.D. 152
• 55 N.W. 1110
• 1893 S.D. LEXIS 60

Syllabus

<p>1. In Section 4379, Comp. Laws, providing that “a mortgage of personal property is void as against creditors of the mortgagor, and subsequent purchasers and incumbrancers of the property in good faith for value, unless the original, or an authenticated copy thereof, be filed,” etc., it seems the words “in good faith for value” apply only to subsequent purchasers and incumbrancers, and not to creditors.</p> <p>2. The “authenticated copy” of a chattel mortgage, authorized by said section to be filed, is the authenticated copy provided for in Section 4382, and made necessary by the fact that the original is filed in some other county, where a part of the property covered by the mortgage is situated.</p> <p>3. When a creditor within the meaning of said section, obtains a judgment and levies an execution upon the property covered by an unified chattel mortgage, he acquires a lien thereon superior to that of the holder of the mortgage.</p> <p>(Syllabus by the court.</p>