Howard v. Rumble

This is a contest by money rule between Howard and Rumble, over the proceeds of a horse and mule sold by the sheriff under a mortgage foreclosure in favor of Howard against a common debtor of his and Rumble’s. Rumble had a common-law fi. fa. issued and recorded in 1901. On February 28, 1905, Howard sold to the defendant in fi. fa. the horse referred to, and, to secure the purchase-money represented in a note for $125, took a mortgage on it and on the mule. In the mortgage was a provision: “If said horse is returned in good fix every way, fat and without blemish, at maturity of note, with $25…