Souster v. Black
Souster v. Black
Opinion of the Court
— The property in controversy is thirty-five acres of standing corn, the plaintiff firm claiming it by virtue of a chattel mortgage made by one William Bell, who was the owner. The defendant’s claim is based upon an execution levy at the instance of Pritz & Adelsdorf, who are judgment creditors of Bell. In the district court the cause was tried without a jury, and when the plaintiff offered in evidence its mortgage, it was objected to on the ground that, because of a defective acknowledgment, the record thereof did not impart constructive notice. It is not necessary that we should consider the sufficiency of the acknowledgment. The mortgage was “admitted subject to objection.” To the ruling no exception was
The district court gave judgment for the plaintiff for ten dollars as damages for wrongful detention of the property. It is urged that there is no evidence whatever to support the judgment for. damages. The amount of the judgment for damages is little more than nominal, and could very properly be found from the facts of the case, without testimony directed especially thereto. The judgment is aeeikmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.