Smith v. Bratsos

The controversial question tendered by this appeal is: As between plaintiffs, lessors, and the intervenor, alleged mortgagee, who is entitled to the proceeds of sale of certain chattels provisionally seized in the premises leased by defendant. Decision of this question pivots upon the validity and effectiveness, or lack thereof, of a chattel mortgage executed by defendant to and in favor of the intervenor to secure payment of a note representing the balance due on the purchase price of the chattels.

Plaintiffs' position is that their lessor's lien and privilege is paramount to the asserted…