Chambers v. Planters Bank

The Court of’Appeals has propounded the following question to this court: “Where personal property is levied upon in pursuance of a duly recorded ii. fa. Issued upon a common-*536law judgment, and is sold in accordance with the provisions of the Civil Code (1910), §§ 6068, 6069, does such sale operate to divest the lien of a mortgage on the property and to transfer such lien to the proceeds of the sale, where the property was live stock, such as a mule, and where the mortgage was a superior lien upon the property, having been duly executed and duly recorded prior to the judgment, and where the…