Avery Sons v. Waples

RAINEY, Associate Justice.

B. F. Avery & Sons, appellants, brought suit against Deeper Hardware Company, a private corporation, on four certain promissory notes executed by said company to said Avery & Sons. A foreclosure of a chattel mortgage was sought against certain property alleged to belong to said company, and said property caused to be sequestered. John G. Waples was made a party defendant, it being alleged that said hardware company had made a general deed of assignment for the benefit of creditors with said Waples as assignee. That said Waples had duly qualified as such assignee and…