Williams v. Raper

Plaintiff held a chattel mortgage upon certain property executed by one Tracy, which was properly filed.

Defendant was a constable, and, as such, levied upon and sold the property covered by the mortgage.

The plaintiff brought this suit, declaring against said defendant on a plea of trespass upon the case.

In his declaration he averred the ownership of the property by Tracy, the indebtedness of Tracy to him, and the execution and filing of the chattel mortgage to secure such indebtedness. The declaration then proceeds as follows:

“ And the said defendant, well knowing the premises, and having…