Linick v. Lamm

This was an action to foreclose a chattel mortgage on a horse. The mortgage in question was executed on the 25th day of November, 1959, and was recorded in the office of the clerk of the circuit court on the same day. After answer, notice and hearing, the chancellor concluded that the mortgage was in default and ordered the sale of the chattel in satisfaction of the decree. It is from this decree that the appeal is taken.

The appellant, the alleged purchaser of the horse after recordation of appellee’s mortgage, contends that the sale of the horse to him was from a part of the mortgagor’s…