Cordes v. Straszer

This is an action by the mortgagee in a chattel mortgage, *62against a constable and certain creditors of the mortgageor, for damages for levying upon and selling under attachment the mortgaged property.

There was evidence in the case tending to show that one Reus, a farmer, owed $500 to the plaintiff. He had personalty worth about $1,600, and owed debts, and his creditors were threatening suit. It was agreed between Cordes and Reus, for the purpose of securing Cordes and keeping off the other creditors, so as to enable Reus to make his crop, in which event he hoped and intended to pay every one…