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• Title: Doering v. Selby Et Al.
• Author : Supreme Court of Montana
• Release Date : January 18, 1926
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 59 KB

Description

Conversion ? Chattel Mortgaged Property ? Filing of Mortgage not Entitled to be Filed ? Effect ? Evidence ? Findings ? Statutes. Conversion ? Sale of Chattel Mortgaged Property After Filing of Mortgage Void ? Contract of Sale Inadmissible in Evidence. 1. A conditional sale contract of mortgaged personal property made after the due filing of the mortgage ? though valid as between the parties to it ? is void as against the mortgagee, and the writing evidencing the sale is inadmissible in evidence in an action for conversion against the seller who retook the property on breach by the buyer. Chattel Mortgages ? Failure to File ? Valid Between Parties. 2. A chattel mortgage not filed in the office of the county clerk is valid as between the parties to it. Same ? Statutory Requirements ? Strict Construction. 3. The statutory requirements intended to protect the lien of a chattel mortgagee on the mortgaged property against attaching creditors ? such as that the mortgagors receipt of a copy of the mortgage from the mortgagee shall be attached to the mortgage before it is entitled to filing ? must be strictly followed. Conversion ? Chattel Mortgage ? Effect of Filing of Instrument not Entitled to Filing ? Constructive Notice ? Sale of Property ? Contract ? Admissibility in Evidence. 4. Under the rule that an instrument not entitled to record, though actually recorded, does not impart any constructive notice whatever, - Page 417 held that where a chattel mortgage was not entitled to filing because of the absence of a receipt attached thereto showing that the mortgagee had surrendered to the mortgagor a copy of the mortgage (sec. 8276, Rev. Codes 1921), its filing imparted no notice to the conditional vendor of the property, mortgaged by the vendee after the sale, and the contract of sale was properly admitted in evidence in defense to an action for the conversion of the property taken by defendant vendor under the provisions of the contract upon condition broken. Statutes ? Time of Taking Effect. 5. Where the legislature provides that an Act shall be in full force and effect from and after its passage and approval, the courts cannot relieve a litigant from the consequences of his failure to follow its provisions at once upon the Act becoming effective. Findings ? Request ? When Too Late. 6. Under section 9369, Revised Codes of 1921, providing that a judgment shall not be reversed for want of findings unless request therefor shall have been made at the close of the argument, where findings were not requested until three days after argument ? treating the expiration of the time within which to file memoranda of authorities as the close of the argument ? the court did not err in failing to make findings.

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