Hess v. Cedar Rapids State Bank

Defendants held a chattel mortgage, purporting to cover a hardware stock belonging to plaintiffs, and *686brought a suit in equity to establish the lien of the mortgage and to foreclose it. Plaintiff pleaded that defendants, by reason of certain facts, had waived the lien of the mortgage, and were estopped from asserting any rights thereunder. On the trial in the district court, the mortgage was established as a lien on the stock of hardware to the amount of $4,991.81, and foreclosure was decreed and the property ordered sold under special execution. Plaintiff appealed to this court, and, pending…