McInvale v. Walter E. Heller & Co.

Felton, Chief Judge.

The due and unresisted foreclosure of the chattel mortgage, followed by the regular sale of the mortgaged property under the mortgage execution, concluded the defendant mortgagor, as to the property sold, from setting up in his answer to the plaintiff mortgagee’s action for a deficiency judgment the defense of a void affidavit of foreclosure-—on the grounds of its premature filing, improper subject matter, lack of verification of the correctness of the copies of the note and the conditional sale contract securing the note and the lack of attachment thereto of the originals…