Becker v. Beldt

PRESTON, J.

The question of the sufficiency of the evidence to support the findings and judgment presents the

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sole issue for our determination. The appeal is by the interveners from judgment for plaintiffs in an action to recover upon a promissory note secured by a second chattel mortgage on furniture in a court dwelling-house. Both note and mortgage were executed by defendants L. B. Beldt and Rena B. Beldt, and were assigned to plaintiffs by the original mortgagee. Subsequently said defendants sold their lease and said furniture to defendant B. H. Truitt, subject to existing encumbrances, and he assumed payment of said note and second mortgage. Thereafter the first mortgage was foreclosed and the property sold. The amount secured, however, was not sufficient to pay the indebtedness, and said second mortgage was thereby terminated and rendered valueless. Fór that reason plaintiffs sued to recover upon the note alone, and caused an attachment to be levied upon the interest of said B. H. Truitt in said two parcels of real estate standing in the name of others and hereinafter designated parcel A and parcel B, respectively. Appellant Carrie Truitt, the mother of said defendant B'. H. Truitt, thereupon filed herein a complaint in intervention, asserting her ownership of said parcel A, and appellant Irene Truitt, the sister of B. H. Truitt, filed her complaint in intervention asserting her ownership of said parcel B. The trial court found for plaintiffs, awarding them the sum of $2,400, with interest. The judgment further decreed that defendant B. H. Truitt was the owner of an undivided 8/13ths interest and appellant Carrie Truitt was the owner of an undivided 5/13ths interest in said parcel A, and that said B. H. Truitt was the owner of said parcel B, in which appellant Irene Truitt had no right, title or interest. As above stated, this appeal is prosecuted by said interveners, who question the propriety of said attachment and claim that the evidence is insufficient to sustain the findings respecting the ownership of said real property.

We find no basis for the claim of insufficiency of the evidence. It appears that said B. H. Truitt was unable to pay his debts and was without funds or assets aside from his interest in said parcels of real estate. Some months prior to commencement of this action he transferred his equity in said lease and furniture, the value of which was fixed at the sum of $1,600, to Tracy R. and Hazel Z. Ot