Horkan v. Eason
Horkan v. Eason
Opinion of the Court
1. Where the seller of personal property takes from the purchaser a purchase-money mortgage on it, which is duly recorded, and subsequently the purchaser, without having paid the mortgage, is adjudged a bankrupt, and his trustee in bankruptcy seizes and sells the mortgaged property, held, that the purchaser at the bankruptcy sale takes the property subject to the purchase-money mortgage, unless the
2. Mere irregularities do not expose an execution sale to collateral attack.
3. Under the agreed statement of facts, the court properly found in favor of the defendant. Judgment affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.