Horn v. Citizens Savings & Commercial Bank

On Au'gust 21, 1894, appellant brought suit against Wallace Bruce to obtain possession of cows, horses, milk wagons, farming machinery and utensils, dairy appliances, etc., constituting the property of the “ Bruce Dairy,” of the alleged value of $5,000. Plaintiff claimed title to the property by purchase from Christiana Bruce, July 9,1894. The defendant claimed title by a chattel mortgage, alleging, in his answer, default, foreclosure and purchase at foreclosure sale.

The Bruce mortgage was a second mortgage, and was so expressed in it, and was subject to the prior mortgage of F. W. Reed &…