Eggers v. Ross

The opinion of the court was delivered by

Dawson, J.:

This appeal concerns a question relating to the law of garnishment. The material facts are simple. A. B. Ross gave his brother, J. G. Ross, a chattel mortgage on a mare to secure an indebtedness of $150. By permission and consent of the mortgagee, the debtor sold the mare to one F. B. Leuty upon an understanding that the purchaser was to account to J. G. Ross for the purchase money.

*813Before Leuty paid over the money to the mortgagee and assignee of the purchase money, A. W. Eggers obtained a judgment against A. B. Ross and garnished the money…