Nilmeier

This is an action in replevin to recover possession of eight cows and three heifers, the increase of these cows, which plaintiff claims were mortgaged to it as hereinafter stated. It appears to be undisputed that the cows in question were purchased by the defendant Katie Nilmeier with her separate funds during the lifetime of her husband, C. H. Nilmeier, while they were living together as husband and wife and that the animals became the separate property of Katie Nilmeier. On January 30, 1924, and in the circumstances above stated, C. H. Nilmeier and Katie Nilmeier joined in a chattel mortgage of these cows to the Bank of Italy to secure the payment of a promissory note of that date. Attached to this mortgage was the usual affidavit of ownership and good faith. This affidavit begins “said mortgagor being duly sworn, individually, deposes and says,” etc., and continues in the singular throughout, including the statement that “said mortgagor owns the absolute title” to said mortgaged property. This affidavit is signed by both C. H. Nilmeier and Katie Nilmeier. On April 14, 1924, C. H. Nilmeier borrowed a sum of money from the plaintiff bank and as security for its payment gave a…