Luther v. Kinion

— The sole question for determination on this appeal is whether a mortgagee of personal property is bound by a judgment rendered against *160bis mortgagor in a suit to try title to the mortgaged property which spit was instituted subsequent to the giving of the mortgage, the mortgagee not being made a party thereto.-

The facts are that in 1912 Mrs. Bartholemew, wife of J. A. Bartholemew, living on a farm in Howell county on which was certain live stock, executed a note to the plaintiff, Luther, on account of an indebtedness she owed him. On the back of the note there was written a pledge, pleading…