William F. Russell and Others, Administrators v. . Davis Winne

Summary

The Court reversed the judgment and ordered a new trial, holding that the agreement to postpone the sheriff's sale did not estop the plaintiffs, that an agreement allowing the mortgagor to sell mortgaged goods makes the mortgage fraudulent and void as to those goods, and that a mortgage void as to any part is void in its entirety. Justice Miller, concurring, agreed with reversal but argued the majority erred in holding that voidness of the goods automatically voids the whole instrument.