Obodov v. Foster

This is a controversy between the mortgagee of two apartment houses and the mortgagee of the furniture contained therein. Plaintiff in error, to whom we hereinafter refer as plaintiff, mortgagee of the furniture, brought an action in conversion against the receiver and the mortgagee of the two apartment houses. Reference will be made to defendants in error as the receiver and bank, respectively. Briefly, the facts are as follows:

One Lutz in 1926 was the owner of two apartment houses. Subsequently he bought furniture which was used in both. The bank, as trustee for the bondholders of the…