White v. Stocker

Simmons, Justice.

Mrs. Stocker foreclosed a chattel mortgage against Mrs. "White. Execution was issued thereon and levied upon the property mentioned in the mortgage. Mrs. "White filed an affidavit of illegality thereto, upon several grounds. The main ground insisted upon here was the 2d, as follows: The note and mortgage upon which the fi. fa. was issued were void, their consideration being $160.00 borrowed by deponent’s husband from Mrs. Stocker through her husband, for the purpose o.f paying the debts of deponent’s husband, which fact was well-known to Mrs. Stocker and her agent, and the…