Cox v. Taylor

The plaintiffs in the court below foreclosed their mortgage against the defendant, plaintiff in error here, in tile sum of $418. Execution was issued thereon and the following entry appears upon said execution: “The property described in the within fi. fa. was sold under and by virtue of a distress warrant against B. H. & W. G. Cox in favor of G. C. McKenzie, agent vs. B. II. & G. C. Cox, and after paying off said distress warrant and the costs of court thereon there was left in my hands the sum of $117.95 which is held subject to the within mortgage fi. fa., there having been no affidavit of…