First National Bank v. Morrow

The order of the trial court vacating a writ of attachment and setting aside the levy thereunder from which this appeal is taken must be sustained.

The affidavit for attachment charges “that the defendant is about to assign, secrete or dispose of his property with intent to delay or defraud his creditors.” The writ issued on March 27, 1924, and on the same day the sheriff attached a 183-acre farm, a part of which was defendant’s homestead. On March 25, 1924, defendant sold and conveyed the land to another, but the deed was not recorded until March 28,1924. The motion is supported by the…