M. & N. Freight Lines Inc. v. Kimbel Lines, Inc.

This is an. action of trover brought by M. & N. Freight Lines, Incorporated, against Kimbel Lines, Incorporated, the Sheriff and his Deputy, for the alleged wrongful conversion of an International tractor and Carter trailer, levied upon and sold by the Sheriff to satisfy a judgment in favor of Kimbel Lines against Freight Lines. The question is one of priority as between this levy and a chattel mortgage on the tractor and trailer executed to secure an indebtedness in favor of J. 0- Bartholomew.

The deputy sheriff, having been advised of the existence of the chattel mortgage, declined to levy…