Williams v. Herrington

Long foreclosed a laborer’s lien against Fulcher for hauling certain logs to the latter’s sawmill. The lien execution was levied upon lumber cut from the logs. At the time of the foreclosure and the levy the lumber was in the possession of and owned by Herrington, who, so far as appears, had no notice of Long’s claim at the time title to the lumber was acquired. Herring-ton gave a bond conditioned to produce the lumber at the time and place of sale. Subsequently judgment was rendered in favor of the plaintiff in the lien-foreclosure proceeding. Herrington failed to produce the lumber at the…