Michigan Supreme Court, 1879

Fordyce v. Neal

Fordyce v. Neal
Michigan Supreme Court · Decided April 24, 1879 · Marston, Other
40 Mich. 705; 1879 Mich. LEXIS 668

Fordyce v. Neal

Opinion of the Court

Marston, J.

The only question presented in this case *706is as to the sufficiency cf a description of certain oxen in a chattel mortgage, which had been duly filed, as against one claiming to be a subsequent bona fide purchaser.

The description was: “all the cattle, consisting of two yoke, aged six and seven years, color, red, white and blue * ■ * and all other property now in our possession in or about said village,” etc.

This clearly must be held a good description within the rule laid down in Farwell et al. v. Fox, 18 Mich., 169; Willey v. Snyder, 34 Mich., 60. It was not necessary that the full description as given should apply to each ox.

The judgment must be reversed with costs and a ;new trial ordered.

The other Justices concurred.

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