Hayes v. International Harvester Co.

1. Where the transferee and holder of title-retention notes given for the purchase-money of machinery files a suit on the notes, the purchaser can not set up in bar or in abatement that the plaintiff has previously in the same court instituted against the defendant a purchase-money attachment, and a levy has been made on the machinery for the purchase of which the notes were given, and in which proceeding a judgment in rem had been rendered. In such circumstances, in the event judgment is rendered in the plaintiff’s favor, the court should so mold its judgment as to take care of the judgment…