Fergus County v. First State Bank

The only question involved herein is the right to the proceeds of the sale, of certain personal property which both plaintiff and defendant claim by virtue of chattel mortgages held by them, respectively, upon the property sold. The cause was submitted to the trial court upon the pleadings together with an agreed statement of facts, and a judgment was rendered in favor of the plaintiff, from which defendant appealed.

*3The material facts necessary for a determination of this appeal are as follows: On November 11, 1918, Carl H. F. Kirst and his wife executed and delivered to the defendant their…