Gimble, Florshime & Co. v. Ferguson

I. The undisputed facts upon which the decision of the case turns as shown by the answer of the garnishee — and there was no other evidence — are as follows: The defendant, A. W. Barlow, executed to J. Barlow a chattel mortgage upon a stock of merchandise, to secure an indebtedness from the mortgagor to the mortgagee. Under this instrument the mortgagee took possession of the goods, and soon after the attachment in this action was levied upon the same property, subjeót to the rights of the mortgagee, and the appellee was served with garnishment process. Prior to the issuing of the attachment…