Smith v. Gasper

'MISER, C.

On February 25, 1927, in collecting the debts d)ue the insolvent Estelline State Bank, appellant sold on foreclosure that part of the mortgaged property which was surrendered by Theodore Gasper, mortgagor. On March 1, 1927, appellant sued for possession of fourteen head of cattle and three hogs alleged to be covered by said mortgage and withheld by the mortgagor. Appellant seized in claim and delivery, and sold this additional property. Birdie Gasper, 'daughter of defendant, intervened, claiming to be the owner of the live stock so seized and sold. Judgment was entered in favor of…