Anderson v. Montgomery County National Bank

*588The opinion of the court was delivered by

Greene, J. :

This action was brought by defendant in error, a corporation, in the district court of Montgomery county. In its petition it alleged that it was the mortgagee in possession and disposing of the .property under the mortgage for the purpose of paying the mortgage debt; that the defendant, as constable, under an execution issued against the property of Caudry, the mortgagor, seized and took from it a portion of the mortgaged property. This action was to recover the value thereof. The defense admitted the execution of the mortgage, but denied…