Frost v. Allen

Warner, Chief Justice.

This was a claim case. It appears from the record that Wilson Allen and Amanda Allen, on the 19th day of February, 1875, executed and delivered to Frost the annexed instrument in writing, which was duly recorded within three-months from the date thereof. Frost proceeded to foreclose the paper writing as a mortgage, a Ji. fa. was issued on the judgment of foreclosure and levied on the property, which was claimed by Amanda Allen. When the claim case was called for trial, the claimant made a motion to dismiss the plaintiff’s levy on the mortgage ji. fa., on the ground that…