Kenney v. Balsam Hotel Co.

The defendant seeks to present the question as to whether the personal property herein attached is subject to the prior lien of a deed of trust, executed by the defendant 3 April, 1909, to Mrs. W. H. Wiggs to secure an indebtedness of approximately $53,000.

Without deciding whether the defendant, on the present record, is in position to raise this question, we are satisfied from a careful examination of the evidence that the judgment is fully supported by the facts found, and it is clear that the furniture attached herein is not included in the deed of trust executed to Mrs. Wiggs in 1909.

The…