147 N.W. 734 | S.D. | 1914
On the 21st day of October, 1909, one English gave appellants a chattel mortgage. After -describing certain cattle of a designated brand, the mortgage contained '■ the following clause:
“As additional security to this loan, it -is my intention to mortgage all of the cattle and horses described in one certain chattel mortgage given -to the St. Paul -Cattle Loan Company, under date of October 8, 1908, for $io,2qo, there being due the S't. Paul Cattle Loan Company on the no/e 'described therein about $6,600 at the present time.”
Appellants’ mortgage as well as that of the St. Paul Company, was filed in Butte County, where the mortgaged stock was located. Some time during the year 1909, Perkins County was segregated from Butte County and included the territory where all the mortgaged stock was kept; and, on the 5th day of March, 1910, a certified copy of appellants’ chattel mortgage was filed in Perkins County. The Sit. Paul Company’s mortgage rvas filed in Butte County, on October 12, 1908. In addition to cattle of designated! brands, 'this mortgage -included fifty head of horses, described as follows:
“Also fifty head work and saddle horses mixed sexes and ages branded left shoulder. (It being the intention to include all his horses owned by .him until this loan is.; paiid in full.) All ■the above -stock located on his ranch on Quite1 Creek, 25 miles up the south fork of Grand River, from' Siam, S. D.”
On the 25th of November, 1910, the said English, to secure a certain indebtedness to respondent,, gave respondent a chattel
At the time respondent’s mortgage was executed, both appellant’s mortgage .and the mortgage of the St. Paul Company were on file in Butte County, and a certified copy of appellants’ mortgage was on file in Perkins County; but respondent made no examination of the records of either, county, and had no actual knowledge of the existence of either of said mortgages at the time its mortgage was executed.
“It has ever been considered a sufficient description of the" property conveyed by a deed or other instrument, to refer to another deed or writing, which is accurately pointed out, and which contains a proper description, and say that _ such is the property sold or intended so to be.”
The other points urged by respondent are not material to the rights of the ¡parties and- require no further notice.
The judgment and order appealed from are reversed and a new trial ordered.