Tallulah Finance Co. v. Matthews

GLADNEY, Judge.

This appeal presents a question of preference as to the proceeds of a sale under execution of the defendant’s automobile. The conflict between creditors arose after Tal-lulah Finance Company, a judgment creditor of the defendant, on October 13, 1958, seized the automobile under a writ of fi. fa. and provoked its sale on November 8, 1958. On November 7, 1958, Motors Securities Company, Inc. filed a petition of intervention and third opposition and claimed priority to the proceeds of the sale by reason of its ownership of chattel mortgage notes dated March 8, 1957, and October 6,…