Heidiman-Benoist Saddlery Co. v. Schott

Joseph Schott brought this action against the plaintiffs in error to recover possession of a stock of merchandise. Some of the property described in the order of delivery was seized by the sheriff, and turned over to the plaintiff. But the greater portion of it could not be found. At the trial, the right of possession was claimed *21by both parties under chattel mortgages executed to them by the original owner, J. F. Pfunder, of the city of O’Neill. The plaintiff’s mortgage was made and recorded December 13, 1893. Three days later the defendants obtained their mortgages. At the same time they…