Mine Supply, Incorporated v. Elayer Company

NOBLE, Justice,

Elayer Company, Inc. (defendant-appellant) has appealed from a judgment against it for a balance due on a promissory note and foreclosing a chattel mortgage securing the note.

The praecipe only called for the record proper; accordingly, appellant is limited to the single point relied upon for reversal as stated in the praecipe, Supreme Court Rule 12(1) (§ 21-2-1(12) (1), N.M. S.A. 1953), i. e., that the trial court should have found Mine Supply, Inc. guilty of conversion of the mortgaged property.

Appellant asserts that after default the mortgagee took possession of the mortgaged…