Gilbert Hunt Manufacturing Co. v. Wheeler

The opinion of the court was delivered by

Scott, J.

Plaintiff brought this action to foreclose *596a chattel mortgage. Subsequent to the making of the mortgage the mortgagor made an assignment for the benefit of his creditors to the respondent Brooks, which assignment proceeding was pending in the court where the action to foreclose the mortgage was brought. Prior to the bringing of the action^ the plaintiff petitioned said court, settingup its mortgage and the pendency of said assignment proceeding, for leave to bring said action to foreclose, and leave of court was duly obtained and the action…