Lewis v. Beck & Gregg Hardware Co.

1. Where a creditor of the plaintiff in a mortgage fi. fa. became the holder of the fi. fa. as collateral security for a debt due from the plaintiff to the holder, and the fi. fa. was subsequently levied upon certain property described therein as the property of the defendant, and a claim to the property was filed by a third person, which claim was sustained upon the trial of the ease, the costs in the claim case could not be taxed against the party to whom the fi. fa. had been delivered as collateral security, the latter having never been made a party to the record, although the fi. fa. was…