Stillabower v. Foster

— The appellant in this appeal seeks relief from a negative judgment entered against him in the trial court.

The facts as they appear in the record are that George Foster, on August 4, 1959, executed various notes to the appellant, Harold Stillabower, and a mortgage upon certain personal property to secure payment of said notes. The mortgage was duly recorded; and five payments were allegedly made by George Foster before he defaulted in the payments due and owing on the mortgage debt.

In 1960, Mr. Foster sold the personal property, which he had mortgaged, to the defendant-appellees, Michael…