R. L. McDonald & Co. v. Symns Grocer Co.

The opinion of the court was delivered by

Johnston, J.:

M. D. Lee, who had a stock of general merchandise in Anthony, mortgaged the same to R. L. McDonald & Co. After the latter had gained possession of the stock, and on September 23, 1895, *530the Symns Grocer Company caused an attachment to be levied on the stock as the property of Lee. Soon afterward R. L. McDonald & Co. intervened and moved for a discharge of the attachment. The motion to discharge was heard before the district judge at chambers on November 19, 1895. The judge found that R. L. McDonald & Co. were entitled to the possession of…