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WOOD V. WEIMAR, 104 U. S. 786 (1881)

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U.S. Supreme Court

Wood v. Weimar, 104 U.S. 786 (1881)

Wood v. Weimar

104 U.S. 786

Syllabus

1. In Michigan, replevin will lie at the suit of the mortgagee of personal chattels against an officer who, by virtue of an attachment sued out against the mortgagor, levied upon them while they were in his possession, and who, when they are properly demanded, refuses to surrender them to the mortgagee.

2. Such a mortgage, executed in good faith to secure the amount actually due upon what was deemed to be valid and subsisting obligations, will be upheld and enforced although the several items which make up that amount are not set forth, provided that subsequent creditors have not been injured by the want of specifications, and the proofs which are adduced to establish the identity of the debt show that it comes fairly within the general description.

3. An unrecorded mortgage is not, by the laws of Michigan, rendered void as to creditors although the mortgaged goods remained in the possession of the mortgagor, if before the expiration of twelve months from its date they were replevied by the mortgagee, who thereafter retained the possession of them.

4. Where the interest on a certain mortgage debt was paid, and the assignee took from the debtor other notes for that interest which were secured by another mortgage, the latter cannot, as to them, avail against attaching creditors. chanroblesvirtualawlibrarychanroblesvirtualawlibrary

Page 104 U. S. 787

5. Where the objection to the admissibility of a deed offered in evidence was grounded on its irrelevancy, no question as to the form of its authentication will be considered here.

6. Where, after replevin by the mortgagee, payments were made on the mortgage debt, he cannot enforce his lien on the mortgaged chattels or their value beyond the amount actually due him when judgment is rendered.

7. Where the payee of a note dies, and no administration is granted on his estate, and there are no creditors, his distributees may transfer the note so as to vest in the assignee the equitable title thereto.

The facts are stated in the opinion of the Court.





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