Jones v. Howard

Atkinson, Justice.

Tbe questions in this case arose upon a rule against tbe sheriff for money realized by him from tbe sale of property levied on under a distress warrant. Tbe contest was between tbe lien of a distress warrant held by tbe plaintiff in error, and tbe lien of a mortgage executed by tbe defendant in tbe distress warrant upon the property levied on and sold under tbe distress warrant. It appears from the record, that upon tbe day that tbe distress warrant was issued, tbe defendant in that warrant, one White, instructed A. M. Foute, an attorney at law, to draw a mortgage upon tbe…