Luke v. Cason

'This was a rule to distribute money. Luke had caused certain personal property to be levied on and sold under foreclosure of a mortgage thereon. The holders of certain older, common-law fi. fas. intervened and claimed the money, and the court awarded it to them. The case turned on the point that while it appeared by additional and oral testimony that Luke had sold the property to the mortgagor and had simultaneously taken his mortgage for the debt, yet the mortgage itself did not recite these facts or otherwise show that it was given for the purchase-money. The trial court also attached…