Virginian-pilot. (Norfolk, Va.) 1898-1911, 1899-03-22
COURT DECISIONS.
Notes of Cases Recently Decided,
Which are of Interest to
Our People.
DIGESTED BY W. B. MARTIN,
Exclusively for virginian-Pilot)
NORTHWESTERN N. BANK ".
FREEMAN.
Supreme Court, United States.

supreme SOuTI, OUllGQ GldleS.
A CHATTEL MORTGAGE OF A
GIVEN NUMBER OF SHEEP OUT
OF A LARGER NUMBER IS VALID
AGAINST THOSE WHO KNOW
THE FACTS.
AN ASSIGNEE OF SUCH A MORT
GAGE IS CHARGEABLE WITH NO
TICE OF THE RECORD OF A
PRIOR MORTGAGE ON THE SANG
PROPERTY, BY THE SAME MORT
GAGOR TO HIS ASSIGNOR.
A MORTGAGE OF DOMESTIC AMI
MAILS COVERS THEIR INCREASE
THOUGH 1T IS SILENT AS TO
SUCH INCREASE.
This was an appeal from the Supreme
Court of Arizona. 1t presented Ques-
ton of the validity and priority of GER
tain chattel mortgages OF sheep, the
mortgages conveying only n certain
number of sheep, marked in a pnrticu-
lay way. The mortgagor owned q
larger number of sheep than conveyed
and the appellees knew the facts MS to
the number and marks of the sheep.
Tue other facts sufficiently appear from
the Courts opinion. The Court says:
The contest is for priority. The terri
mortgages OF the appelecs. The ap-
pellhnts contend that this was error
because of the fact that the mortgages
respectively covered 5000 and 1 900 head
of sheep. and that Fulton Ghe mort
gagor owned GOO head. and that hence
the mortgages were invalid on account
of insufficient description.
The rule Is laid down that, as to third
persons who have acquired interests, n
description in n mortgage of a given
number of articles out of Il larger num-
Der is not sufficient But such mort
gage is valid against those who know
the facts. The mortgage of January e.
1893, to the Arizona Lumber and Tim
Der Company was undoubtedly taken
not only with actual notice, but 1t was
made expressly subject to the prior
ones to apDellees. On August 30.
1855 t'ulton "e%ccuted his negotiable
promssary note. securing the same bS,
chnttel mortgage for the sum Of
$o'oUo.' In this mortgage there was no
recital or reference to the existence of
any other mortgage. The Arizona
Lumber and Timber Company, repre-
senting That said mortgage was n first
lien. sold, endorsed and delivered the
note and mortgage to the appellant.
the Northwestern National Bank The
bank is found 10 be an innocent pur-
chaser for value. BY this is meant that
1t had no actual notice of the prior
mortgages Did the law impute notice
10 1t? Certainly not by the record of
the mortgages to appclees Did IL by
the record OF the mortgage of January
4. 1898, to the Arizona Lumber and
Timber Company? If the bank was
charged with notice of the mortgage it
was charged with notice OF it's contents
n purchaser is charged with notice of
every fact shown by the records. and
Is presumed to know every other fact
Whlch an examination suggested by the
records would have disclosed The
nortSnEe of January 4. 1898. was by the
same mortSaEor as that of August the
10th. the one sold to the bank. and
covered the same sheep, and hence.
under the rule announced the bank was
charged with notice of it, and of its
Teci'ais 1t was not given IN or sat-
iShed' 1t was preserved as an indepen-
dent lien. II could have been found If
looked for. and would have notified tho
bank OF the transactions which con-
Quoted to 1t and caused it to be made
SUBJECT TO the mortgages of the-ap-
pellees. The findings are absolutely
silen. AZ to whether there were or were
not other sheep In existence at that
time (datc of appellee's mortgagcs). or
at the time the decree was entered
we infer from the briefs of counsel
mat there were others,-the increase
OF those mortGaSed: and there is a con-
tentlon as to whether these are covered
by the lien of the mortgages Under
the rule that the incident follows the
principal, a mortgage of domestic anil
mas, covers the increase OF such ami
mals though it is silent as to such in
crease This court said in Arkansas
valley Land and Cattle Company v.
Mann $50 u. S. CO. according to tho
maxim, partus sequitur ventrem. the
brood or all tame and domestic ami
mails belongs to the owner of the dam
or mother" Dccrcn affirmed -.