City National Bank v. Colgin

FISHER, Chief Justice.

Appellee W. M. Colgin, the owner of a stock of goods and merchandise, transferred the same to W. B. Woodward by a chattel mortgage, for the benefit of his creditors. Woodward, who was named therein as trustee, took possession of the goods. The creditors accepted. While the goods were in possession of the trustee Woodward they were attached by the appellant the City national Bank of Gates-ville in a suit by the bank against Colgin.

Woodward, under the statute regulating the trial of right of property, filed claimant’s affidavit and bond for possession of the goods. They…