Brenneke

This is an action to foreclose a chattel mortgage, and the appeal by defendant A. H. Smallman is from a judgment of foreclosure in favor of Louis Brenneke, and an order denying appellant’s motion for a new trial.

The complaint alleges that the plaintiffs, Louis Brenneke and Lena Brenneke, are, and have been at all times in the complaint mentioned, husband and wife. It is alleged that defendant A. H. Smallman, on January 5, 1900, borrowed from plaintiff Louis Brenneke $1,000, and made and delivered to him, through plaintiff Lena Brenneke, a promissory note, which is set out in full. The note bears date January 5, 1900, and is in terms payable to Lena Brenneke January 5, 1901. It is alleged that the $1,000 loaned is a part of the joint earnings of plaintiffs, and that, though Lena Brenneke appears as the payee in said note, and mortgagee in the mortgage which is alleged to have been given to secure the note, Louis Brenneke is, and at all times has been, the owner and holder of said note and mortgage.

It is urged that the findings do not support the judgment in this, that “the findings do not show that the defendant A. H. Smallman ever executed the chattel mortgage described in…