Burke v. Linkmyer
This text of 13 Ohio C.C. (n.s.) 224 (Burke v. Linkmyer) is published on Counsel Stack Legal Research, covering Hamilton Circuit Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
The judgment in this ease should be reversed and judgment rendered for the plaintiff in error, for the reason that the property mortgaged, to-wit, “one registered Jersey bull,” is too indefinite, the mortgagor at the time having three registered Jersey bulls.
The mortgage itself should have contained some words of description which would have enabled one to have ascertained which of the.three Jersey registered bulls was intended to be mortgaged, there being on the farm of the mortgagor three registered Jersey bulls, each one answering the description contained in-the mortgage. No one is described in particular, and the description is void for uncertainty. 81 Mo., 532; 57 Miss., 89; 40 Mich., 203; 62 Vt., 206; Jones on Chattel Mortgages, Section 56a; Cobby on Chattel Mortgages, Section 15-9.
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Cite This Page — Counsel Stack
13 Ohio C.C. (n.s.) 224, 1910 Ohio Misc. LEXIS 248, Counsel Stack Legal Research, https://law.counselstack.com/opinion/burke-v-linkmyer-ohcircthamilton-1910.