Edwards v. Negim & Co.

Opinion by

MAXEY, C.

This case turns largely on the construction of section 7660 and 7661, Comp. Stat. 1921, which read as follows:

“7660, Mortgaged chattel may be attached. Personal property mortgaged may be taken under attachment or execution issued at the suit of a creditor of a mortgagor.

“7661. Same — Rights of Mortgagee. De-fore the property is so taken the officer, on execution, or attachment creditor, must pay or tender to the mortgagee the amount of the mortgage debt and interest, or must deposit the amount thereof with the county treasurer, payable to the order of the mortgagee. In the…