Maercklein v. Maercklein

Burr,, Gh. J.

This is a contest between plaintiff and the defendant bank for priority of respective chattel mortgages on some sheep.

While a trial de novo was demanded there is little if any dispute as to the facts.

Plaintiff Edward Maercklein and defendant Walter LI. Maercklein are brothers. Prior to 1927 defendant Maercklein and his brother-in-law, Paul Schroeter were co-partners in farming operations. Among other personal property the co-partnership owned 120 to 130 ewes. In September 1927 the co-partnership was purchasing a farm and to complete the deal borrowed one thousand dollars from the…