John Deere Plow Co. v. L. D. Jennings, Inc.

Circuit Judge E. H. Henderson, Acting Associate Justice,

delivered the unanimous Opinion of the Court:

The sole question involved in this appeal is: Does the holder of a past due purchase money chattel mortgage have the right to attach the mortgaged property in a suit for the debt, under Section 546 of the Code?

The respondent, L. D. Jennings, Inc, gave three chattel mortgages to Max Traub & Son to secure the purchase price of certain farm machinery, and the mortgages were assigned before maturity to the appellant, The John Deere Plow Company of St. Louis, which succeeded to the rights of the…