Browder, Manget & Co. v. Blake & Madden

1. A firm bought certain mules, and gave to the vendors a purchase-money note in which it was provided that the title should remain in the latter until payment. This was duly attested and recorded. Later common-law judgments were obtained against the purchasers, and the executions issued on them were levied on the mules. None of the purchase-money had been paid. The vendors attempted to foreclose their note by affidavit, as in case of a chattel mortgage or bill of sale given as a security for a debt not exceeding $100 (Civil Code, § 2753; Acts: 1899, p. 82), and placed the execution issued…