McHugh v. Spotts

The opinion of the court was delivered by

Perskie, J.

This is a replevin suit. The question for decision is whether, at law, a chattel mortgage covering both household goods and other personalty is void in its entirety, or void only as to the household goods, because the wife of the chattel mortgagor did not join in the signing, sealing, execution and acknowledgment thereof as required by R. 8. 46:28-6.

Plaintiffs had recovered a judgment against defendant Shinn on April 27th, 1938. A constable levied upon propertj' consisting of household furniture and other property, allegedly belonging to…