Campbell v. Eastern Seed & Grain Co.

SMITH, Chief Justice.

Eastern Seed & Grain Company foreclosed a chattel mortgage given by H. D. Campbell, and afterwards assumed by John R. Campbell, upon a building located in the city of Raymondville. John R. Campbell brought this action to set aside the sale,, and has appealed from an adverse judgment. The parties will be designated as plaintiff and defendant, respectively, as in the court below.

The record shows that the sale was made by the mortgagee, in private, without notice to the mortgagor. The relevant provision of the mortgage is as follows: “And said mortgagee may at said…