Briggs v. Fleming

The second paragraph of the answer of the appellees is bad, and, if the complaint is good, the judgment must be reversed. If, however, the complaint is bad, a bad answer is good enough for it.

The complaint seeks to foreclose a chattel mortgage, and avers that the mortgaged property was bought by the appellees. As there is no imputation of fraud, it must be presumed that they were purchasers in good faith. If they were purchasers in good faith, the mortgage can not be effective against them unless it appears that it was recorded within ten days after its execution.

It is averred in the body of…