John S. Brittain Dry Goods Co. v. Blanchard

The opinion of the court was delivered by

Doster, C. J. :

This was a contest between the John S. Brittain Dry Goods Company, the plaintiff in error, an attaching creditor, and Blanchard, Shelly & Rogers, the defendants in error, mortgage creditors of-one J. J. Foltz. The controversy was over the valid*264ity of a mortgage upon live stock executed to defendants in error. Foltz was a merchant, a farmer, and live-stock dealer, and was also president of a bank. He owed the plaintiff in error about $8000 for goods purchased in his mercantile business. He desired to buy 200 steers from one F. S. Wilcox,…