Bettes v. Weir Plow Co.

GAINES, Associate Justice.

— On the 14th day of February, 1889, W. H. Martin & Co., dealers in hardware, being insolvent, executed to H. S. Bettes a deed in trust, in the nature of a chattel mortgage, upon their stock in trade, for the purpose of securing certain preferred creditors. The Weir Plow Company, being a creditor of the mortgagors, sued out a writ of attachment against their property, and caused it to be levied upon a portion of the goods so mortgaged. This action was brought by the trustee and the beneficiaries in the deed of trust against the attaching creditor and the sheriff to…