C. A. Chapman v. John O. England, Trustee of the Estate of Wilson Dore, Bankrupt

This appeal is from a judgment affirming an order of a referee in bankruptcy.

On August 16, 1948, Wilson Dore was indebted to appellant, C. A. Chapman, in the sum of $4,000 — an indebtedness evidenced by a note of Dore and Dore’s wife dated August 16, 1948, due August 16, 1949, and bearing 6% interest from August 16, 1948. To secure that indebtedness and any subsequent indebtedness of Dore to appellant, Dore and Dore’s wife, both of whom were at that time residents of Lewis County, Washington, executed in Lewis County on August 16, 1948, a chattel mortgage, hereafter called the mortgage, on personal property, hereafter called the mortgaged property, all of which was at that time located in Lewis County. Thereafter, on or before April 21, 1950, the mortgaged property was removed to Humboldt County, California, where it remained until October 6, 1951.

Apart from the mortgage, appellant had no right, title or interest in or to the mortgaged property at any time after August 16, 1948. From August 16, 1948, to October 6, 1951, the mortgaged property was owned by and in possession of Dore or Dore Lumber Company, a partnership consisting of Dore and Le-Grand Anderson.

On April 21,…