Adams v. Niemann

Niemann and Jochen brought an action of trover against Adams as sheriff of Saginaw county for the *136•conversion of a stock of goods on -which they held a chattel mortgage given by Ernest Jochen, against whom Adams held executions. The sale was made in opposition to the rights of the mortgagees, and with knowledge of their claims, which the sheriff refused to recognize. They recovered judgment below to the amount of their mortgage, which was less than the debts secured by it.

The defense below rested, on the alleged' invalidity of the mortgage on grounds relating to its formal sufficiency as…