Union Bank & Trust Co. v. Wieck

This is an appeal by defendants Woodman and Kirk from a judgment or decree in favor of plaintiffs. The action is one to foreclose a chattel mortgage executed by defendants Wieck and Kline to plaintiffs on March 5, 1931, and for the possession of the mortgaged chattels consisting of furniture and fixtures.

In the pleadings and evidence, plaintiffs concede that defendants Woodman and Kirk held two mortgages on the same property prior in point of time to plaintiffs’. One was executed on June 11, 1929, and the other on December 3, 1930. These mortgages the court found had been extinguished and…