Kirby v. First National Bank of Pasco

On Rehearing.

Askren, J.

— On July 26, 1921, Herman Sorrels executed in favor of appellant a mortgage on certain real estate in Franklin county. On November 4, 1922, he executed a chattel mortgage to respondent covering the personal property used on the mortgaged real estate and the 1923 crop of wheat. On July 6, 1923, he delivered to respondent a hill of sale of the personal property covered by the mortgage. The, following day, July 7, 1923, he executed to appellant a deed to the mortgaged real estate. Respondent hank took possession of the personal property and sold the same. Ap pellant…