Walter A. Wood Mowing & Reaping Machine Co. v. Lee

Citations

• 4 S.D. 495
• 57 N.W. 238
• 1894 S.D. LEXIS 6

Syllabus

<p>1. A mortgage of personal property is valid, as between the parties thereto and as to subsequent purchasers and incumbrancers having actual notice of such mortgage, though it may not be attested by any subscribing witness.</p> <p>2. A compliance with the conditions prescribed in Section 4384, Oomp. Laws that “a mortgage of personal property must be signed in the presence of two persons, who must sign the same as witnesses thereto,” is only required in order that such mortgage may be entitled to be filed in the office of the register of deeds of the proper county, and operate as construotive notice to creditors, subsequent purchasers, and incumbrancers who have no actual notice of such mortgage.</p> <p>(Syl)abus by the court.</p>