Brewer v. Commercial Credit Corp.

EDWARD N. SCRUGGS, Retired Circuit Judge.

A post-judgment order overruling a civil Rule 60(b) motion is here involved.

The defendant, Mr. Brown, purchased a boat, motor and trailer from a third party seller and secured the balance due upon the purchase price by a combined note and security agreement which was assigned by the seller to the plaintiff.

The plaintiff sued the defendant upon the note as well as for the possession of the boat, motor and trailer, the security for the indebtedness. Among the defenses raised by the defendant in his answer was that the security agreement had been altered,…