First National Bank v. Livingood

The opinion of the court was delivered by

Smith, J.:

The appellee brought an attachment proceeding upon two promissory notes, before the maturity thereof. The sheriff levied the attachment upon several head of live stock on which the plaintiff held a' mortgage to secure the same notes. While the action was pending the plaintiff obtained an order from the *119court for the sale of the live stock, which order was executed by the sheriff, the stock was sold, and the proceeds of the sale ($393.25) were deposited with the clerk of the court. Thereafter, on the motion of the defendants, the court…