Ward v. Greer, Sheriff

The opinion of the Court was delivered by

Mr. Justice Brease.

The appellant, J. C. Greer, sheriff of Union County, seized an' automobile that was being used by Eddie Jenkins in the transportation of alcoholic liquors, in violation of the laws of this State. The respondent sought to recover the seized automobile by virtue of an unpaid chattel mortgage, executed by Jenkins prior to the seizure by the sheriff, which mortgage was not properly recorded until after the seizure.

The parties agreed upon the facts of the case, and submitted the legal issue involved to his Honor, Circuit Judge Ramage,…