Pollock v. Douglas

— This is a contest between the plaintiffs, who are attaching creditors, and the respondents who claim to be prior mortgagees. The evidence tended to prove the following facts: In September, 1890, the defendant, Douglas, was the owner of a small stock of goods. On the- fifth day of that month he executed, and delivered to one Samuel R. Ross a chattel mortgage on his goods to secure the payment of his note to Ross for $400, dated on the eighth day of April, 1890, *488and due one day after its date. By the terms of the mortgage, Douglas was to remain in possession of the goods until default was…