Timmer v. Talbot

RAYMOND, District Judge.

The parties have submitted to the court the question of the constitutionality of Act No. 18 of the Extra Session of the Michigan Legislature held in 1934. They concede that the right of the trustee to recover is largely dependent upon alleged invalidity of the chattel mortgage sale under which defendant Lemmen claims title to the property in dispute. Process was not served on defendant Talbot, and the case as to him has been dismissed. Plaintiff asserts that the mortgage was void as against creditors because of noncompliance with the provisions of Act No. 18.

The…