Hardy v. Luke

1. The defendant in a chattel-mortgage foreclosure, under which the property was sold to a third person, sought, in an action of trover, to recover the property from the purchaser, by showing that the foreclosure of the mortgage before the 'debt was due was imperfect, in that the affidavit of foreclosure, though asserting that the defendant resided “orrt of the State,” failed to allege also that the mortgagee had placed himself in a position where process of attachment could be legally sued out against him (Civil Code, § 3287) ; and that, though asserting that the debt was then due, this…