Cecil v. Carson

"While, sitting at Knoxville at tbe September Term, 1883, tbis Court pronounced a de*140cree in favor of Sarah .GoacI against James Sharp. Execution thereon was issued to the Sheriff of Scott County, who levied the same on certain mules, horses, and other personal property; but on the 4th day of March, 1884, before sale could be made, John Carson brought this action of replevin in the Circuit Court of Scott County, claiming ownership of the property under a mortgage from James Sharp, the execution debtor.

On the trial of the case it was disclosed in the proof that the mortgage bore date November…