Cobb v. Growers Finance Corp.

0. D. Cobb gave to Growers Finance Corporation a bill of sale to secure a debt. Default was made in the payment of the debt and Growers Finance Corporation foreclosed the bill of sale as a mortgage and had the execution based on this foreclosure *443levied on the property described in the bill of sale. To the levy Cobb filed an affidavit of illegality, and upon the call of the case he tendered an amendment to his affidavit of illegality, which amendment alleged in substance that “the creditor, the plaintiff, elected to forclose said bill of sale conveying title as a mortgage, but in doing so the…