Vines v. Sparks

This suit is between nonresidents of this state, and involves the question of whether, under our statute (section 2797, Code of 1906 [section 2298, Hemingway’s 1917 Code]), the claim of an attaching creditor is superior to that of a mortgagee in a mortgage duly recorded in Louisiana to secure the balance of the purchase money due on an auto truck, where the truck is attached by the creditor while in this state.

The case may be stated, in short, as follows: Sparks, in Louisiana, owed a balance of about two hundred dollars on the purchase price of an auto truck, and secured payment thereof to…