Hodgen v. Roy

The opinion of the court was delivered by

Johnston, C. J.:

The validity of an attachment of real estate is involved in this appeal.

The plaintiffs brought an action in the district court of Sherman county to foreclose a mortgage on real estate, and in their petition alleged that the mortgage on the land was insufficient to secure the payment of the mortgage debt. They therefore procured the issuance of an order of attachment and caused it to be levied on property other than the mortgaged land. The order was directed to the sheriff of Sherman -county, who levied it upon a tract of land, and in…