12 S.D. 172 | S.D. | 1899
This appeal is from a judgment and an order everruling a motion for a new trial entered in an action for the value of some wheat covered, it is claimed, by a chattel mortgage and converted by the defendant. The facts and circumstances, either admitted, or appearing from competent testimony properly submitted to the jury, and sufficient to sustain a verdict, by which they stand proved, are these: On the 7th day of March, 1895, to secure his promissory note of even date, George Schnellar executed to respondents a chattel mortgage, which was duly filed, covering all crops to be grown and har
Our conclusion that the testimony, though confiicling, is sufficient to justify the finding of the jury that the parties to the lease thereby intended to secure the payment of a debt, is reached after carefully considering all the facts and circumstances disclosed by the record, and we deem it unnecessary to present the evidence in this opinion. In actions at law it is allowable only to determine on appeal whether there is substantial evidence which, with the inferences fairly deducible therefrom, go to sustain the finding of a jury, and, if so, its verdict must stand. Evert v. Kleimenhagen, 6 S. D. 221, 60 N. W.
Mr. Grattan permitted Scbnellar to continue, just as before, in actual possession of the premises, furnishing his own teams, farm implements, and help necessary to produce, harvest and market the crop. Moreover, his lease was not recorded until long after appellant had received the grain, and upon demand refused to recognize the right .of respondents under their mortgage, of which it had full knowledge, even before it took the grain into its elevator or paid anything therefor. Had appellant been misled by reposing trust and confidence in the lease, believing it to be just what it purports to be on its face, and, by entertaining an honest conviction that Grattan was, by reason thereof, the absolute owner of the grain, parted with its money, it might assume the attitude of a bona fide purchaser for value without notice; but such is not tins case. On the contrary, the evidence tends to justify the inference that it never knew anything about the nature of Grattan’s claim, much less the existence of a lease under which a claim of ownership might be asserted. The grain was hauled to the