Symns Grocer Co. v. Lee

The opinion of the court was delivered by

Schoonover, J.:

On the 17th day of September, 1895, M. D. Lee executed a mortgage on a stock of goods to R. L. McDonald & Co. On the 19th the mortgage was filed for record. On the 21st R. L. McDonald & Co. took possession. On the 23d the Symns Grocer Company, plaintiff in error, commenced an action in the district court of Harper county against M. D. Lee upon a claim for goods sold, and caused the stock of goods mortgaged to R. L. McDonald & Co. and the book accounts (not mortgaged) to be attached as the property of M. D. Lee.

R. L. McDonald & Co. filed…