Merker v. Lake Region Packing Asso.

The appeal here is from a final decree of foreclosure of a chattel mortgage made and executed by the appellants to a bank to secure the payment of a note upon which the appellee became surety.

The appellant, Mary Agnes Merker, the owner of the property mortgaged, was the owner of a citrus grove and had an agreement with appellee to gather, pack, ship and sell her citrus' fruit. In connection with the growing of the fruit certain advances were made by the appellee to the owner, Mary Agnes Merker, and charged to her on open account. Appellee credited the proceeds from the fruit on the open…