Lead Opinion
Plaintiff is seeking to recover possession of certain personal property by virtue of a mortgage executed thereon by the owners thereof. The mortgage was executed in South Dakota, where the property was then situated. Both the mortgagor's and the mortgagee were at that time domiciled in that state. The instrument was filed in the proper office under the laws of that state. Subsequently the mortgaged chattels were brought to this state, and they were found in the possession
The judgment is reversed, and a new trial is ordered.
Concurrence Opinion
concur in a reversal of this cause on the ground that the sufficiency of the description was a question for the court, and it was error to submit it to the jury, and express no views on other points discussed in the opinion.