Ordway v. Kittle

I. The x>laintiff held a chattel mortgage executed by Wood upon certain cattle owned by him. One Jones recovered a judgment against Wood, upon which an execution was issued and delivered to the defendant, the sheriff of the county, who levied it upon the cattle in question. Thereupon, the plaintiff commenced this action to recover the cattle, claiming the right to hold them under the mortgage.

II. It is not disputed that the chattel mortgage is void for uncertainty in the description of the property. But the plaintiff herein insists that, as the plaintiff in execution, Jones, levied upon the…