Blackwelder v. Fergus Motor Co.

The defendants Fergus Motor Company and Guy Tullock, as sheriff of Fergus county, have appealed from a judgment in favor of the plaintiff, Clarence Blackwelder, perpetually enjoining them from foreclosing a chattel mortgage for the sum of $435, found by the court to have been paid on the mortgage indebtedness by the plaintiff to the Fergus Motor Company, mortgagee.

The undisputed facts, as they appear from the pleadings and proof, are substantially as follows: In May, 1925, plaintiff purchased of the motor company a Fordson tractor on a conditional sale contract, making a down payment, and…