Leet & Co. v. Green

Opinion of the Court by

Chief Justice Hobson

Reversing.

*633Leet & Company on December 30, 1903, instituted a suit against Jesse White to recover the purchase money for a sawmill and to enforce a, lien upon the mill secured by mortgage. White had sold the mill to S. Li Green, and collected from him the price. Green was also made a party defendant to the suit. The plaintiff took out a special attachment which was levied on the mill in Green’s possession. He thereupon, to retain possession of the mill, executed, with three sureties, the following bond.:

“Rowan Circuit Court. February 23,1904.

“H. Leet &…