Berry v. Robinson & Overton

Any person having a mortgage on personal property to secure a debt not exceeding $100 principal is permitted to foreclose' the same in a summary manner by making affidavit as to the amount due on the mortgage and having execution issued thereon and returned to the justice’s court of the proper district. Civil Code, § 2760. The mortgagor may by affidavit of illegality avail himself of any defense which he could have set up in an-ordinary suit upon the demand secured by the mortgage. Civil Code, §§ 2756, 2762. The owner- of a bill of sale to personal property to secure a debt, where the…