David Josiah Brewer

“ Nothing is plainer than that such an action is one at law. It is urged that the debts secured by the chattel mortgage were also secured by a real-estate mortgage; that the real estate thus conveyed had been sold, and the proceeds applied in reduction of the debts; that, therefore, an accounting was necessary to show the amount still due to the various creditors, and that such an accounting could only be had in an equitable action. ”

“ Many assignments of error and many questions are presented by the counsel for plaintiffs in error. We notice those which seem to be substantial. It is alleged, first, that there was error in refusing to transfer the law action to the equity docket. ”

“ It then reads: 'This instrument is intended as a chattel mortgage to secure the debts herein mentioned;' and states that it is made to the three creditors mentioned, in behalf of themselves and the other creditors named, because on account of the great number of the latter it would be inconvenient for them all to act in its execution. It is true that there is no expressed condition of defeasance, but that attaches to every conveyance made simply or security, and it is unnecessary to state that which the law implies. ”