Atkins v. Byrnes

The plaintiff’s right to the property in controversy is based upon a chattel mortgage executed to him by William A. Skeen, the original owner of the property, on the 29th day of June, 1868, to secure the payment of a promissory note for $333 in 90 days from that date.

The defense interposed is, first, that William Cool was entitled to the property under a prior mortgage, subject to which the plaintiff’s mortgage was taken; second, that the defendant, at the time the plaintiff sued out his writ, held the property as a distress for rent, by virtue of a distress warrant issued by William Cool…