Wood v. Franks

Myrick, J.:

Plaintiff was the holder of a chattel mortgage of growing crops, made by one Heron to secure the payment of a promissory *218note for $1,487.25 and interest, which mortgage was recorded. The defendant was sheriff, and as such, there was placed in his hands a writ of attachment against the property of Heron at the suit of another person. As such sheriff, the defendant, without paying, tendering, or depositing the amount of plaintiff’s debt, seized the property mortgaged by virtue of the writ of attachment. Plaintiff demanded payment of his debt, and payment was refused by defendant.…