International Harvester Co. of America v. First National Bank

Plaintiff and defendant each held a chattel mortgage executed by the same person on the same property. The one to the defendant bank was first in time, and each was duly recorded. The bank foreclosed the mortgage to it by the statutory method of foreclosure and sale through the sheriff’s office, as provided by Rem. Comp. Stat., § 1104 et seq. The bank became the purchaser at the. sheriff’s sale of all the property, for an amount equal to the expenses of the sale and the several amounts due the hank, as those amounts were specifically stated in the sheriff’s notice of sale.

Thereafter the…