Billingsley v. Mossler Acceptance Co.

On the Merits.

Mossier Acceptance Company, a corporation, sued Lloyd E. Malone and J. B. Billingsley seeking to recover upon a note executed by Malone, secured by a chattel mortgage upon a Ford sedan. Billingsley, who claimed to be an innocent purchaser for value without notice of the mortgage, was joined as a party defendant because at the time suit was brought the car was in his possession. No service was had upon Malone. The Court appointed a receiver to take charge of the automobile, and upon the trial rendered judgment foreclosing the mortgage and holding that plaintiff’s liens were…