Goodyear Service Stores v. Clegg

BARROW, Justice.

This suit involves the validity of a chattel mortgage given to appellant, Goodyear Service Stores, by Marvin H. Clegg on five window air-conditioning units and five electric fans. Goodyear filed suit for foreclosure. Appellee W. Carl Wester, who had physical possession of said property, was made a defendant along with Clegg who was cited by publication. After a hearing before the court, judgment was rendered in favor of the defendants, although the court found that Goodyear had established its cause of action against the absent defendant, Clegg.

The question presented is…