Burnham v. Muller

This is a contest between an execution creditor and a mortgagee.

Appellee held a chattel mortgage on the property of one Vo re, which matured on the 21st of April, 1870. On that day, without taking possession of the property, the time of payment was extended, a new mortgage ivas executed, and a new note taken for the old debt and accrued interest, and a small additional advancement of money.

On the 20th of April, the execution, which ivas levied on the mortgaged property, was placed in the hands of the officer.

The surrender of the old note, secured by the first mortgage, and the execution of…