Henderson v. Un-Named Emergency Room

Claim and Delivery — Conditional Sale Contracts — Filing for Record Essential to Bar Rights of Subsequent Mortgagees — Irregular Filing of Chattel Mortgage Does not Affect Validity as Between Parties — Evidence — Admissibility — Appeal and Error — Instructions not Objected to are Law of Case. Appeal and Error — Instructions not Objected to are Law of Case, Even Though Incorrect. 1. Instructions given without objection, even though erroneous, constitute the law of the case and a verdict based thereon will not be disturbed on appeal. Personal Property — Conditional Sale Contract not Filed for Record Void as to Subsequent Bona Fide Purchasers, Mortgagees or Attaching Creditors. 2. Under section 7594, Revised Codes 1921, as amended by Chapter 145, Laws of 1925, a conditional sale contract reserving title in the vendor until full payment of the purchase price, is void as Page 33 to bona fide purchasers, mortgagees or attaching creditors, if it or a properly certified copy thereof was not filed for record with the county clerk prior to the time they became such. Claim and Delivery — Defendant Mortgagees Entitled to Property Bought at Foreclosure Sale Under Mortgage Taken Prior to Filing of Conditional Sale Contract Covering Property. 3. In an action in claim and delivery by the seller of personal property under a conditional sale contract, which property was subsequently mortgaged by the buyer to defendants and by them bought in at foreclosure sale, defendant mortgagees were entitled to prevail under the last above rule, where at the time they took their mortgage the sale contract had not been filed for record and they were ignorant of its existence. Chattel Mortgages — Irregular Filing Does not Affect Validity as Between Parties to Mortgage — Evidence — Admissibility. 4. Irregular filing of a chattel mortgage for record does not affect its validity as between the parties to it nor its admissibility in evidence in defense to an action in claim and delivery by the former owner of the property, who based his right of recovery upon a conditional sale contract not filed for record until after defendants had taken a mortgage thereon in ignorance of the existence of the contract and had acquired possession at foreclosure sale.