State ex rel. Jessup v. Milligan

EÍlliott, J.

A constable has undoubtedly the right to levy upon personal property mortgaged to secure a debt. Our statute provides that “ Goods and chattels pledged, assigned, or mortgaged as security for any debt or contract may be levied upon, and sold on execution against the person making the pledge, assignment, or mortgage, subject thereto, and the purchaser shall be entitled to the possession, upon complying with the conditions of the pledge, assignment, or mortgage.” Section 722, R. S. 1881.

Our cases have uniformly held that under this statute the officer may seize and sell the…