Cabell v. Johnston

The facts are substantially these: S.W. Kanady executed to Johnston, as trustee, a mortgage on a stock of goods, for the purpose of discharging a debt due by Kanady to the McCormick Harvesting Machine Co., which instrument provided that, after paying the debt secured and the cost and expense of executing the trust, the remainder of the goods should be returned to the mortgagor. The creditor accepted before the attachments. Afterwards the Eagle Manufacturing Co., a creditor of Kanady, sued out an attachment against his property, and caused a levy to be made by the sheriff (Cabell) upon a part…