Reports of Cases Decided in the Supreme Court of the State of Indiana Volume 126

Reports of Cases Decided in the Supreme Court of the State of Indiana Volume 126

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1891 edition. Excerpt: ...had been purchased of the appellees within a short time prior to the execution of the mortgage gives to the appellees no additional rights in this case other than they would have as creditors of the mortgagor. They are not claiming the goods by reason of a failure of the purchaser to pay for them in accordance with his contract or by reason of their purchase by him with a fraudulent intent. After the execution of the mortgage the appellees aflirmed the sale, took judgment on their account for the goods, had an execution issued, and levied upon and sold the goods, and became the purchasers at the sale on execution, and the claim or right they assert to the goods in this action is by virtue of their purchase at the sale of them on their execution. O'Donald v. Constant, 82 Ind. 212. The facts found show that the note and mortgage executed to Joseph Nichols were given for a valuable consideration, the consideration being money loaned by the mortgagee to the mortgagor. There are no facts found which tend to show that Joseph Nichols had any knowledge of a fraudulent intent on the part of George D. Nichols to hinder or delay his creditors, or that he had no other property subject to execution. The son had a right'to prefer his father and secure the debt due him. Whether his father was at that time demanding payment of it or not would make no difference. The son was owing him a bona fide debt, and he executed a note for the amount, and a mortgage on his goods securing it, and his father, when notified of their execution, accepted them and had the mortgage recorded. There are no facts found which tend to show that Joseph Nichols did not at all times act in the best of faith and with an honest purpose. The fact that there was an extension of...show more

Product details

  • Paperback | 232 pages
  • 189 x 246 x 12mm | 422g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236822706
  • 9781236822703