Kusser v. Sioux City Horse & Mule Co.

De Grape, J. —

The defendant Sioux City Horse & Mule Company is a mere stakeholder; so that the essence of the appeal involves the claim of the intervener to the property in suit. It appears that, during the summer of 1918, plaintiff Kusser resided in Hyde County, South Dakota, and at that time sold his farm, together with his personal property, including cattle, horses, and machinery, to one Leslie Christensen, and as part of the purchase price took back a chattel mortgage in the sum of $9,000. The note and mortgage were executed and made payable at Le Mars, Iowa. The mortgage described the…