Tope v. Brattain

A. E. C. Macdonald’s execution creditor (A. Tope) purchased, at a sale under his own levy, an automobile on which Macdonald had previously given to Ross R. Brattain a chattel mortgage. Subsequent to Tope’s purchase of the automobile at his own execution sale, judgment was entered in favor of the plaintiff in an action brought by Brattain against Macdonald to foreclose the chattel mortgage on the automobile. Tope instituted an action to restrain the chattel mortgage foreclosure sale, and prayed that the title in the automobile be quieted in him. The cause was tried to the court, which found…