Commercial Bank v. Simmonds

Plaintiff appeals from a judgment awarding the third opponent, J. M. Bryan, the proceeds of four mules and a mare sold under execution, in its suit against W. W. Simmonds, and claimed by third opponent under a chattel mortgage.

It alleges that the chattel mortgage is void because it insufficiently describes the property mortgaged.

In the 'alternative, it alleges that the mortgage, is a simulation or, if not, is a fraud.

I

The description in the mortgage is as follows:

“Two mare mules of medium size weighing respectively about 900 & 1000 lbs. each about 5 years old the heavier mule being a dark bay…