Larkins-Warr Trust v. Ray

We shall refer to the parties as plaintiffs and defendant, as they appeared in the trial court.

On November 4, 1940, plaintiffs took a mortgage on the personal property' involved to secure the payment of the *585purchase price of such equipment. This mortgage was duly filed for record on November 12, 1940. On or prior to November 1, 1943, and within three years from the date of the mortgage, plaintiffs filed suit to foreclose. Judgment of foreclosure was entered April 21, 1944. No execution appears to have been issued on this judgment.

On July 12, 1941, the defendant, G. H. Ray,, Jr., filed a…