Page:Federal Reporter, 1st Series, Volume 2.djvu/138

MEKCHANTS' NAT. BANK V. m'IiAUGHLIN. 131 �mortgage was followed. The mortgagee never hàd possession of the legs, They were left in the river where the mortgagor had transported them. �Default was made in the payment of the money secured by the mortgage, and, by its terms the right of possession was thenceforth in the plaintiff, and it can maintain this suit. �The only question presented is whether the logs are de- Bcribed and designated with such certainty as to enable third parties and creditors of the morigagors- to distinguish the property intended to be mortgaged and identify it. �If the property, or subject-matter, is described so that it may be identified by the terms of, or language used in, the mortgage, and other evidence admissible in such cases, it is sufHeient. Herman on Chat. Mort. ; Pomeroy on Cont. 226 ; 20 Wis. 187; 22 Wis. 134. �Until the mass of logs were intermixed and driven into the pond by the mortgagors it was possible for the mortgagee to have taken possession of the specifie quantity of logs described and located as the northerly or rear 1,250,000 feet of the logs lying in the north fork of Grindstone creek. �In the case of Richardson v. Alpena Co., cited by defendant, (8 Cent. L. J. 297,) the particular logs mortgaged were not described or designated, in any respect, from the mass bear- ing the same mark. They were described as a given number of feet of logs, board measure, situated in a stteam contain- ing a very large quantity of the same mark, and it was impos- sible to tell from what part of the mass they should be taken. Here, the mortgage fixed the location of the particular logs, and furnished data for separating them. The written descrip- tion identified specifically the property mortgaged. It was a transaction made in good faith, and the mortgage was dùly registered. It was not necessary to measure or separate them by a boom, or other artificial boundary, in order to make the mortgage valid; nor were the logs required to be measured before the mortgage took effect. The clause in l'egard to "taking and eountiijg the logs" makes the description more certain by furnishing data by which the location could be determined. A surveyor of logs, or person skilled in their ����