Bank of Hinton v. Swan

The defendant Swan was indebted .to the plaintiff Bank of Hinton as well as to the intervener First National Bank of Cherokee. The indebtedness to the intervener was-secured by mortgage upon ¿ considerable amount of personal property, and, in part, at least by landlord’s lien. Prior to the commencement of this action, Swan, held a public sale at which the property subject to the lien was disposed of at auction, and the proceeds thereof were received by one Stanoscheck, who acted as clerk of the sale. Thereupon the plaintiff bank brought an attachment suit upon its claim against Swan, and…