Cummins v. Holmes

• This is a motion to dismiss the appeal for want of jurisdiction. It appears from the record that William H. Holmes and others, the appellees, having become sureties of Samuel W. Gailey, on a note for $500, the latter, by way of indemnity, executed to them a chattel.mortgage on a stock of goods belonging to him. After appellees had taken possession of the goods under the mortgage, James A. Cummins, the appellant, having in his hands, as sheriff, an execution in favor of Crofoot, Steele & Co., against Gailey, for $722 and costs, levied the same upon the stock of goods in question, as the…