Wallen v. Rossman

The plaintiff is mortgagee of chattels, and by reason, as he says, of erroneous information, put his mortgage on record in the wrong office. Eor the failure to place it in the proper office, the mortgage was void as against creditors: Comp. L., § 4706; Fearey v. Cummings, 41 Mich. 376; Cooper v. Brock, 41 Mich. 488. The defendant is sheriff of the county of Montcalm, and as such levied certain attachments upon the mortgaged property on behalf of the creditors of the mortgagor. The mortgagee brought replevin, and in the court below judgment passed against him.

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