2 Indian Terr. 232 | Ct. App. Ind. Terr. | 1899
Section 4743, Mansf, Dig. is as follows: “Every mortgage, whether for real or personal property,
It is admitted that, if mortgagee had possession of the cattie at the time the attachment issued, the judgment in this case was correct, and should be affirmed; if it did not have possession at such time, the judgment should be reversed.
The fact that this paper was executed before the writ of attachment was placed in the hands of the officer does not affect the case, because, as far as the paper is concerned, it gave no notice to anybody. It was as if it bad never been written. It proved nothing necessary to be established in this case. Let the judgment be reversed, and at the request of counsel upon both sides of- this case, made here in open court, judgment is here entered in favor of the appellants, for the amount of their respective claims, to wit, for the appellants Blanchard & Woods the sum of $341.25, for the appellants Quigg & Berringer the sum of $174.15, with costs, and that the attachments be sustained, and the property levied upon be sold, etc.