Advance Rumley T. Co., Inc. v. Ayres

On August 24, 1921, the eight respondents executed their chattel mortgage to the Aultman & Taylor Machinery Company, covering a threshing machine, tractor, and threshing equipment, securing the payment of six instalment promissory notes of even date therewith. After maturity the notes and chattel mortgage were assigned to appellant.

On September 26, 1924, one Shaw, agent for appellant, made affidavit for summary foreclosure of said chattel mortgage showing a total balance due thereunder of $2,805.71, and placed the affidavit in the hands of the sheriff, who took the mortgaged property into his…