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Fordyce v. Neal

Thomas J. Fordyce v. Abraham Neal

Fordyce v. Neal, 40 Mich. 705 (1879)
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Court
Michigan Supreme Court · State Highest Courts
Decided
April 24, 1879
Judges
Marston, Other
Citations
40 Mich. 7051879 Mich. LEXIS 668
Headnotes
Chattel mortgage — Description. The following description in a chattel mortgage is sufficient: “ all the cattle, consisting of two yoke, aged six and seven years, color, red, white and blue * * and all other property now in our possession in or about said village,” etc. ■Where several oxen are described in a mortgage as “red, white and blue,” the full description need not apply to each.
Summary
Error to Isabella. . Trover by Neal for the conversion of a yoke of oxen which he claimed to have bought from the owner, but which were taken by Fordyce as sheriff under a chattel mortgage made before he bought them. Defendant brings error.

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion of the Court — Marston

Text extracted by OCR from a scanned original; check the original for exact wording.

Marston, J.

The only question presented in this case *706 is as to the sufficiency cf a description of certain oxen in a chattel mortgage, which had been duly filed, as against one claiming to be a subsequent bona fide purchaser.

The description was: “all the cattle, consisting of two yoke, aged six and seven years, color, red, white and blue * ■ * and all other property now in our possession in or about said village,” etc.

This clearly must be held a good description within the rule laid down in Farwell et al. v. Fox, 18 Mich., 169 ; Willey v. Snyder, 34 Mich., 60 . It was not necessary that the full description as given should apply to each ox.

The judgment must be reversed with costs and a ;new trial ordered.

The other Justices concurred.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1910: 11967: 119102026peak 1910 · 1

Relies on it most ⓘ

  1. Genesee Merchants Bank & Trust Co. v. Grand Packing Co.155 N.W.2d 193 (Mich. Ct. App. 1967)
  2. Burke v. Linkmyer22 Ohio C.C. Dec. 188 (Oh. Circ. Ct. 1910)

Most recent

  1. Genesee Merchants Bank & Trust Co. v. Grand Packing Co.155 N.W.2d 193 (Mich. Ct. App. 1967)
  2. Burke v. Linkmyer22 Ohio C.C. Dec. 188 (Oh. Circ. Ct. 1910)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 1

DepthCaseCited by
Willey v. Snyder, 34 Mich. 60 (1876) 25

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