Rein v. Kendall

Ryan, C.

Plaintiff Louis Rein replevied from the sheriff of Howard county 100 bushels of wheat and a cast-iron land *584roller. The sheriff’s possession was by virtue of a writ of attachment which had been issued and levied in an action brought against John Dobry, in whose possession the pi’operty was when the levy was made. Plaintiff’s right of possession was asserted under and by virtue of a mortgage signed by the owner of the property in dispute November 14, 1893, and by him filed for record in the proper office on the day following its date. The levy of the attachment referred to was before…