Indiana Court of Appeals, 1920

Simmerman v. Greene

Simmerman v. Greene
Indiana Court of Appeals · Decided June 4, 1920 · Dausman
74 Ind. App. 299; 127 N.E. 563; 1920 Ind. App. LEXIS 237

Simmerman v. Greene

Opinion of the Court

Dausman, J. โ€”

On August 25, 1917, Stuart A. Greene executed a chattel mortgage to Simmerman and Guinn, which was recorded August 27,1917, in Madison county. On November 8, 1917, he executed a chattel mortgage on the same property to the Farmers Trust Company, which was recorded November 9, 1917, in Marion county. The primary question in the case was, Which is the senior mortgage? The determination of that question depended upon the answer to the secondary question, Was Greene a resident of Madison county or Marion county? ยง7472 Burns 1914, Acts 1897 p. 240. The court found that -he was a resident of Marion county, and- held .that the Farmers Trust Company had the prior lien. There is evidence competent and substantial tending to sustain the decision.

Judgment affirmed.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.