Dix v. Smith

Opinion of the court by

Burwell, J.:

E. J. Stout and J. B. Stout,' on August 3, 1893, executed and delivered to the Bank of Hennessey a chattel mortgage upon 2,000 bushels of wheat, to' secure the payment of a certain promissory note, of even' date 1 herewith, for $300 dollars. In January, 1894, the raort- gagors aboye named, were indebted to one John Smith, who commenced an action against them on said indebtedness in the justice’s court, and caused to be issued out of said court an order of attachment, which was levied upon the wheat included in the chattel mortgage given by the defendant in…