Davis v. Bar T Cattle Co.

This appeal presents some novel questions in garnishment.

The plaintiff obtained a judgment against Bar T Cattle Company and on January 30, 1964, a notice of garnishment issued pursuant to a writ of execution was served on the garnishee Bank. The Bank filed a return alleging that it held personal property of Bar T as a chattel mortgagee in possession; that it had been and was liquidating such collateral at private sale because Bar T was in default; and that it was unable to state whether any balance would be remaining for application upon plaintiff’s judgment. The property consisted of cattle…