Cardwell v. Ruchert

On January 7, 1932, Frank Buchert gave a chattel mortgage to H. H. Cardwell covering certain horses, cattle, farm machinery and crops to secure the payment of two promissory notes payable on demand, as well as any future advances which the mortgagee might make in order to care for and harvest crops. The mortgage was duly filed in the office of the county auditor January 12, 1932.

On February 20, 1934, no affidavit setting forth the amount still due on the obligations secured by the mortgage having been filed as provided in Bern. Bev. Stat., §3782 [P. O. §9761], D. C. McFall, who had actual…