Russell v. First National Bank of Center

This controversy between the parties is as to the right of possession of certain chattel property which the plaintiff below, First National Bank of Center, Colorado, defendant in error here, claims by virtue of a chattel mortgage which Ira Bacon, the owner of the property, gave to the plaintiff to secure his indebtedness to the bank. The sheriff, defendant below, plaintiff in error here, claims the property under a writ of execution issued on a judgment rendered against Bacon in favor of the Bank of Del Norte.

The record of the chattel mortgage was prior in time to the judgment and the levy of…