Griffeth v. Moss & Co.

Lumpkin, Justice.

Moss & Company brought an action against Martin as principal, and Griffeth and others as sureties, upon a promissory note, which was further secured by a mortgage on personalty executed by the principal. The sureties, among other things, pleaded that the payees, *200after- foreclosing the mortgage, had ordered the sheriff,, who was about to levy on a portion of the mortgaged property then within his reach, irot to do so; that thereafter this property was removed by the mortgagor, so that the sheriff could not again find it; that the mortgage fi.fa. was thus rendered inoperative…