Byrd v. Perry & Maxwell

KEY, Associate Justice.

Appellees brought this suit against appellant Byrd, the sureties on his official bond as sheriff of Hamilton County, J. Shapera & Co., and the sureties on an indemnity bond executed by them, to recover the value of certain goods and merchandise seized and levied upon by Byrd under a writ of attachment in favor of said Shapera & Co. against S. R. Scogin. Appellees claim title to the property under an alleged mortgage or trust deed executed by S. R. Scogin prior to the levy of the attachment.

Appellants charged, that the alleged mortgage was made in fraud of S. R.…