Bateman Bros. v. Jones

The only present inquiry is whether the affidavit of defendant Beakley, as mortgagee in a certain chattel mortgage, satisfies the requirements of our Chattel Mortgage act. 1 Comp. Stat.p. 463 § 4. That statutory requirement is that an affidavit made and subscribed by the holder of the mortgage, his agent or attorney, must be annexed to the mortgage, "stating the consideration of said mortgage and as nearly as possible the amount due and to grow due thereon."

The present hearing is based upon a motion made by complainant — a judgment creditor of the mortgagor — to strike out separate answers of…