Sanders v. Main & Winchester

The opinion of the court was delivered by

Stiles, J.

— One A. M. Orchard executed and delivered to Main & Winchester a chattel mortgage covering certain personal property. The mortgagees, claiming that the condition of the mortgage providing for payment had been broken, caused the sheriff to take possession of the mortgaged property, and directed him to proceed with the foreclosure by sale. While the sheriff was thus in possession the mortgagor made an assignment for the benefit of creditors. The assignee, who is the respondent in this case, commenced the suit against the appellants to…