Fender v. Blackmer

This is an action of tort against a deputy sheriff for attaching merchandise on which the plaintiff claims to hold a mortgage. The mortgage was dated September 30, 1920, to secure a note for $300, and was duly recorded on October 4, 1920. The plaintiff took possession of the merchandise for breach of condition of the mortgage, but before foreclosure the defendant made the attachment. The mortgagee thereupon gave to the defendant a notice of the tenor following, omitting the direction and signature: “You are hereby notified that I hold a mortgage on the stock and fixtures now in a certain…