Hereford v. Benton

Action by appellants as mortgagees and assignees of certain mortgages to recover of appellee, as sheriff, the value of merchandise and fixtures levied on under writs of execution against the mortgagor. A vital issue was whether a mortgage of June 1, 1897, hereinafter referred to as the Krisher mortgage, assigned to appellants, constituted a prior lien upon the property covered thereby to that created by the issuance, delivery and levy on June 8, 1897, of the writs of execution under which appellee justified. The mortgage provided for possession of the mortgaged property by the mortgagee. Its…