Moore v. Cofield

The question in .this ease arose on the distribution of a fund in the hands of the sheriff, arising from the sale of mortgaged property under execution. Cofield held a mortgage on one mule. Moore held a prior mortgage on this mule and on another mule. Cofield foreclosed his mortgage, and had the mule levied upon and sold, and the fund realized from this sale was claimed by Moore, under his ■-senior mortgage. The undisputed evidence before the court, on the hearing of the rule, showed that Moore agreed that the mortgágor should sell the mule not covered by Cofield’s mortgage, and apply the…