Horsey v. C. E. Slayton & Co.

BAHSTEY, Chief Justice.

—The question involved in this suit involves the priority of mortgages. The controversy being between W. F. Horsey and C. E. Slayton & Company, Slayton & Company won below and Horsey appeals.

The only proposition on which a majority of the court hold that the cause should be reversed and remanded is, in effect, that the trial court erred in retiring the jury when Ernest Slayton was testifying as to an assault on one Hilburn, a witness for defendant. The following bill of exception, with the court’s explanation appended, shows the point involved, to wit:

“Be it remembered…