Cunningham v. N. O. Nelson Manufacturing Co.

It appears from the record in this case, that on the 19 th day of May, 1883, one Henry Bo well executed a chattel mortgage to the N. O. Nelson Manufacturing Co., the appellee, upon an engine and some other property, to secure a series of four notes, the last of which matured November 13, 1883. The first two of the notes were paid; the last two were not.

On Sept. 19,1883, Powell executed a second mortgage on the same property to appellants to secure a note due Sept. 19, 1884, with the usual insecurity clause. Both mortgages were duly acknowledged and recorded immediately after their execution.

Ap…