Rawlins County State Bank v. Walters

*392The opinion'of the court was delivered by

Benson, J.:

This is an action by a mortgagee to recover the proceeds of a sale of mortgaged personal property made by the mortgagor.

The -material facts found by the district court are that on October 16, 1909, John Herzog borrowed $512 from the defendant, for which he gave his promissory note secured by a mortgage upon horses and other personal property. On November 8, 1910, he borrowed $162.75 from the plaintiff, and secured the payment by his promissory note and a mortgage upon several horses, including a certain sorrel horse. Both mortgages were…