Foster v. Dischner

•MORIARTY, C.

This is an action on an undertaking in attachment. In February, 1920, the appellant Dischner brought suit against the respondent, and in that action secured a warrant of attachment on the ground that respondent was about to assign, dispose of, and secrete his property with intent to defraud his creditors. Under the warrant so secured the sheriff made a levy, or purported levy, upon certain cattle and hogs which respondent was then feeding for market. The property described in the sheriff’s notice of levy was covered by a chattel mortgage, and no payment, tender of payment, or…