11 S.D. 153 | S.D. | 1898
Mortgagees brought this action in claim and delivery to recover the possession of a portable contrivance called a “merry-go-round,” consisting of revoling chariots and wooden horses, operated upon a platform by a steam engine, all of which the defendant, a common carrier, detains in order to maintain its lien for transportation at the request of a mortgagor in possession. As we view the record, the only question essential to a determination of this appeal by the defendant from a judgment in favor of plaintiffs js whether the lien of a chattel mortgage properly filed is prior to that given by statute to a common carrier for freight subsequently earned. In the case of Wright v. Sherman, 3 S. D. 290, 52 N. W. 1093, this