11 Or. 54 | Or. | 1883
By the Court,
The facts in this case necessary to be stated, are briefly these: Tony Ward, being indebted to defendants, T. Gf.
The statement of the case, in our opinion, conclusively demonstrates the correctness of the decision below. The property was neither Ward’s nor T. G. Cockrill & Co.’s when the execution was served on Herbert, the garnishee and respondent. It had not been attached. It was Herbert’s property absolutely, subject only to the chattel mortgage lien. That lien had not been foreclosed, and it is conceded in the argument for appellant to be the settled law in this state that a chattel mortgage, until it has been foreclosed, conveys no title or interest in the property covered .by it, except a mere lien to the mortgagee. But it is strenuously contended by counsel for the appellant that the mortgage lien may be enforced in this proceeding in favor
That the proceeding supplemental to execution, under our code, is purely at law, can admit, we think, of no serious question. Not only so, but it is statutory and limited to a particular object and a particular mode of investigation, which, it seems entirely safe to say, cannot by any possible construction be held to embrace any equitable jurisdiction of a nature so important as that claimed by appellant’s counsel. If by force of the levies under the attachment and execution, the appellant acquired any’ right to enforce the mortgage security against Herbert and Border, as incident to the debt levied upon, he must proceed to foreclose it, as the original holders would have been compelled to do, and cannot be awarded such relief in this proceeding. The judgment of the circuit court is affirmed.
Judgment affirmed.