Potter v. Scheffsky

Appellant Scheffsky, sought, by short foreclosure by sheriff’s notice of sale, to foreclose a chattel mortgage upon a truck claimed by appellant to belong to respondent. Respondent caused the foreclosure to be removed to the superior court, and pleaded, by way of affirmative defense, that a partnership existed between him and the appellant; that the truck was partnership property; that the loan was made'by á third party, but the note and mortgage were taken in the name of appellant. Appellant put in issue the affirmative defense and prayed foreclosure of the mortgage;. At the beginning of the…