The Goodhue volunteer. [volume] (Red Wing, Goodhue County, Minn.) 1861-1864, 1862-05-28
Important Cases Tried.


Important Cases Tried.
Several important cases have been tried
1t this term Of the court. Important prin-
cipaliv, because they may open up inquiry
into many matters Of similar character.
The first il \ehemiah V. Bennett cs. Smith
Towne & Co. This was an action to recov-
er the value Of span Of horses which the
defendant took and sold under q chattel
mortgage. The facts in the case, as near IS
we were able t. understand them, are as
follows:
Mr.. Dodge owned the horses. While he
owned them he executed chattel mortgage
on them to the defendant. Afterwards he
sold them to one Reynolds, AMI Reynolds
sold them to the plaintiff: The mortgage
was fled in the Registers Office, as provided
by the l'w then in force. About two years
after the debt became due, the defendants
took the horses from tho plaintiff and sold
them. The verdict was for the plsintiff for
the full value Of the horses. In his charge
to the jury the judge held that failure to
take possession OF personal property mort
gagged, unless there is statute law permit.
ting the m"rtgagor to retain possession, is
Pr'ma .tocie evidence ofiraud when the rights
OF third parties are in question that the
filing Of the chattel mortgage under our old
statute was not notice to any person OF tho
contents Of the mortgage. but only Of the
simple fact that it was filed.
The next was Nehemiah V. Bennett rs'
Nolney Brundase. This was an action to
recover the possession Of property, with the
rents and profits thereof from the time tho
defendant took possession. The leading
:acts in this case are as follows the prop
ssty in question was the property Of the
plaintiff, who had executed a mortgage
thereon to s. 4 J. Giles, after themort gage
became due, the mortgage attempted to
fsreclose and no doubt supposed they did
They advertised in due form Of law, but be.
fore The day Of sale arrived they postponed
ii one week beyond the DAY named in tho
original notice, and publised notice Of that
postponement in the papers, appended to the
original notice. At the time Of sale men
toned in tho pos.ponement, they sold the
property and became tho purchasers. They
than sold tho property by warranty deed
tQ.tbs defendant in the actisn, who took
possession Of the same under his deed with.
out the consent Of the mortgagor, On the
point Of the foreclosure Of tho mortgage, the
court decided that it was illeg.l-that the
mortgage had no right to postpone the sale
in the manner in which he did-;hat he
ought to have gone to tho place Of sale des-
'gnatsd in tho first notice, at the day therein
mentioned for tho sale, and postponed tho
same BY proclamation. The defendants then
claimed that the deed from Giles to Brun>
dags operated Is an assignment Of the mort.
Eags and tho debt.-that Brundass was
thereby placed in the same position Of a
mortgages. and that mortgage, after default
in the condition Of mortgage had right
10 enter into possession Of the premises -
o" the first and second propositions the
court charged the jury adarmatively. On
the third however, he charged them that
mortgage even aAer default has not the
rghtsof possession, and would do wrong Il
he teek possession without tho consent Of
the mor.gagor. such consent Was not shown,
and the verdict was for the plaintiff for =
restitution Of the property. aud $26. for the
uss thereof.
The next case WAS Nehemiah v. Bennett
e. James Lawthsr. This was IN action
similar to the last. only in this case the
plaintiff claimed the possession Of the prop.
srty - tenant BY the courtesy, his wife
having nd at the time Of her doath the title
thoroto. ..-.3
1hs property involved ID that where Mr..
Aawthsr's store sta.ds. Mr.. Law,her has =
msetgags On The prsuisea, which has never
bssa torseassed. aksr The conditions Of the
nsstoes were heoksa be entered into posses
~ - erected IN expressive building thsre.
q. 1be3sopesty had hasn ssld ior take. and
hAparaaassa Ia tax> sale certificate upon
uAieA - January : ,Azassd ~as is.aed aud
Aeelainsl . u 10 possession u.dsr tAsta,so.
r. 1eeiuiea u the ths Brundaxs ease. il
rslssaeo es ~ right q . msstsagse to ,aks
peoasaoa q ~ premises. was applied q
.shia oaaa ~ = thok poins Of course hi