First National Bank v. Monte Vista Hardware Co.

This is an action by the plaintiff bank against the defendant hardware company for the conversion of the bank’s personal property. The controversy is between a later mortgagee and a prior judgment creditor, each claiming the same property. There was a judgment for the defendant and the mortgagee bank is here with its writ of review. The defendant hardware company recovered a judgment against Fawver Brothers May 2, 1922. On that date an execution was issued and delivered to the sheriff. July 3, *4421922, Fawver Brothers gave a chattel mortgage to the plaintiff bank upon certain live stock,…