Mock v. Stuckey

Simmons, Chief Justice.

It appears from the record, that Mallory Brothers sold to Stuckey certain machinery, taking his promissory *188notes for the purchase money and reserving title until the notes should be paid. Stuckey having failed to pay the notes at maturity, Mallory Brothers brought suit and obtained judgment thereon, and the machinery was levied upon under an execution issuing from this judgment. The plaintiffs failed, however, to make, file and have recorded in the clerk’s office a bill of sale of the property to the defendant before the levy, as required by the act of 1887 (Acts 1887,…