Nicklin v. Betts Spring Co.

By the Court,

Lord, J.:

The plaintiff took from the defendant, Nelson, a bill of sale, intended to operate as a mortgage of certain property belonging to him, and which the plaintiff left in his possession and which the defendant, Betts’ Spring Co., attached after such bill of sale had been filed and recorded. Thereafter, the plaintiff commenced suit to foreclose, and the defendant, Betts’ Spring Co., answei;ed claiming the lien of said attachment was to be preferred to any lien or rights accruing under such bill of. sale. After issue joined, the matter was referred to a referee, who, after…