Nick v. Holtz

Appellant, acting under the authority of his chattel mortgage of August 22, 1938, recorded March 21, 1939, took possession of the airplanes March 21, 1939. Respondent receiver was appointed and qualified March 6, 1939. It is understood to be a fact, as the circuit court found, that the mortgage of appellant is a valid claim giving the appellant a lien upon this particular property.

The question presented upon this appeal is one of practice rather than of substantive law. As stated by the respondent in his motion made in the replevin action after the validity of the mortgage had been…