City Fuel & Supply Co. v. Nichols Roofing Co.

Faville, J. —

Each of the parties to this action has had two “tries” to establish a lien upon the Ford truck in question. The appellant held a chattel mortgage upon the Ford truck in question. This mortgage was executed on May 5, 1927, and filed for record on said date. It is not seriously contended but that the acknowledgment of said mortgage was defective, and the recording thereof was not sufficient to impart constructive notice. On November 25,1927, the appellee obtained a judgment against the mortgagor, the Nichols Roofing Company, in the sum of $90.35 and costs. On December 12, 1927,…