Phillips v. Shackford

The facts in this case, in so far- as they are pertinent to the questions raised by the exceptions, are as follows, viz.: On July 13, 1895, the defendant executed and delivered to the plaintiff a chattel mortgage of the property in question, to secure the payment of a certain promissory note for $53x%oo, of even date therewith, payable in one month. The mortgage was not recorded, and the defendant retained possession of the property. On the 28th day of October, 1895, a creditor of the defendant placed an attachment on the property, whereupon the defendant made a general assignment, under the…