Abner A. Wole, Inc. v. Walch

This appeal arises from an action by Abner A. Wolf, Inc., to foreclose a $25,000 real estate mortgage on property owned by the defendant, Desmer G. Walch, and his wife, both of them hereinafter referred to as defendant. By amended complaint, plaintiff also sought to foreclose a $10,000 chattel mortgage. The proceeds of both mortgage foreclosures were to be applied to an open account for groceries in the amount of $61,456.77. In his answer, defendant denied that plaintiff was entitled to the relief sought, alleging that the chattel mortgage had merged into the real estate mortgage which had…