Mathews v. Smith & Crittenden
Nebraska Supreme Court
Error to the district court for Polk county. The facts appear in the report of the referee set forth in opinion. The mortgage to Smith The power in the mortgage was to sell at “private sale” or at public auction. The mortgagor had a right to contract with reference to the mode of foreclosure.
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Error to the district court for Polk county. The facts appear in the report of the referee set forth in opinion. The mortgage to Smith The power in the mortgage was to sell at “private sale” or at public auction. The mortgagor had a right to contract with reference to the mode of foreclosure. Herman on Chattel Mortgages, secs. 206, 209, 211. 2 Jones on Mortgages, sec. 1778. Mortgage was valid, mortgagees were in possession and mortgagor had no property therein subject to levy or sale. Campbell v. Leonard, 11 Iowa, 489. Gordon v. Hardin, 33 Iowa, 650. The garnishee process was invalid.…
1Opinion of the CourtMaxwell, J.
This case was referred to a referee, who found as follows:
First. That on the twenty-third of December, 1878, the firm of Beaty & Woods engaged in the business of general merchandise at Osceola, Polk county, Nebraska, were indebted to the plaintiffs in the sum of $1852.29, and on the same day, to secure the payment of the same, executed and delivered to plaintiffs a note and chattel mortgage for the sum of $1776.29, which chattel mortgage was upon a stock of goods, of general merchandise of the value of $4500.00. That the sum of $76.00 then due plaintiffs from said Beaty & Woods was omitted…
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