Estate of Kastner v. Norway State Bank

The opinion of the court was delivered by

Burch, J.:

The appeal was taken from a judgment of the district court declaring that the Norway State Bank’s chattel mortgage on property belonging to the estate of the deceased mortgagor was void.

Nick Kastner gave a chattel mortgage to the bank to secure payment of a note given for borrowed money. He had been a resident of Republic county, and the mortgage was filed for record there. He was, however, a resident' of Cloud county. Kastner died on July 31, 1921. On August 4, the cashier of the bank was appointed executor of his will. On that day, a…