The judge erred at the Circuit in holding, as matter of law, that the mortgage given by Caleb T. Smith, to the plaintiff, and filed March 11, 1878, ivas void and of no effect as to the defendant. It appeared from the evidence that on October 17, 1877, Caleb T. Smith executed a chattel mortgage to the plaintiff. This-mortgage was filed in the proper office March 11,1878. On March 11, 1879, Caleb T. Smith makes on this mortgage so filed, the following statement:
“ Smiti-itown, March 11, 1879.
“ This chattel mortgage is hereby renewed for one year from this date. As witness my hand and seal. CALEB T. SMITH. [l.s.J
“ Sworn to before me this 1 11th day of March, 1879. j
“ Jacob B. Conklin,
“Notary Public.”
The effect of this act by Caleb T. Smith was to create a new mortgage. It was in the power of the mortgagee alone to renew
The judgment should, therefore, be set aside, and a new trial granted, costs to abide event.
Judgment and order denying a new trial reversed, and new trial granted, costs to abide event.