11 Or. 240 | Or. | 1884
By the.Court,
The facts in this case necessary to be stated, are briefly these: Tony Ward, being indebted to defendant, T. G. Cockrill & Co., on the fifteenth of January, 1877, gave his note for eight hundred and twelve dollars and twenty-five cents, payable in three months, with interest from date at one per cent, per month. To secure the payment of this note, Ward executed a chattel mortgage on certain articles of personal property then belonging to him and in his possession. The mortgage was delivered the same day, and
The statement of the case, in our opinion, conclusively demonstrates the correctness of the decision below. The property was neither "Ward’s nor T. Gf. Cockrill & Co.’s when the execution was served on Herbert, the garnishee and respondent. It had not been attached. It was Herbert’s property absolutely, subject only to the chattel mortgage lien. That lien had not been foreclosed, and it is conceded in the argument for appellant to be the settled law in-this state that a chattel mortgage, until it has been foreclosed, conveys no title or interest in the property covered by it, except a mere lien to the mortgagee. But it is strenuously contended by counsel for the appellant that the mortgage lien may be enforced in this proceeding in favor of the execution creditor, and that to this extent the proceeding should be treated as a suit to enforce. But while the forms of actions are abolished, and the pleadings allowable on either side prescribed by the code, the essential distinctions between the respective jurisdictions of law and
Judgment affirmed.