The Guthrie daily leader. [volume] (Guthrie, Okla.) 1893-1996, 1899-08-29

A. b. Moore vs.. J. l.. Calvert. O, al.
FROM district court OF Logan county. re-
Nersod 80 part and modified.
l. Whore repewn is brought AGAINST A
aheru u recover chattels hcii u, suep
officer nuder writ of atJachmc.t
not in error 10 permit tho alta ,hmept
plalnun 10 be substituted as DEFENDANT
and to dismiss said cause - to such
sheriff
T. An officer who leyies an execution
upon personal properly acquires a syc..
al lien thereon dependent on pOs8ei.ion.
and u such ofucer surrendsrh possess,oa
oi The property levied On to "A sni1r len
holder, the lien OF tho execution isl there.
dyeated aud lost.
3. The hens created respecuvsiy. by
mortgage ana execution on the same
ehattelB. are essentially different AMI
cannot eo-eNist. Before the lie nof an
execution case can attach. the officer
must pay of or tender tho amount .oi any
existing mortgage liens. or deposit the
amount OF me mortgage debt E.th ;he
County Treasurer Tor ths use OF tho hold
er OF mo mortgage.
O. A mOrtgagee Of chattels who nae
taken possesson OF the mOrtgaged prop
erty for the purpose OF foreclosure, cah-
not waive the right to have The NOR. =
gage debt paid or deposited s6th 'he
County Treasurer 80 ls to msks C.ttty,
the levy OF an execution. without de..y,
erlng possession OF the property to lh,
officer and walying the lien OF MS mort
gage.
Q. When an execution creditor, ID order
20 enable him to make an efrec.tye levy
on mortgageC chattes, pays OF and sut-
isles The lien of the mortgages and al
terwards The lien Of the execution TOR any
reason fails. such person acqli ',l an
| equitable interest IN the mortgaged cna.-
tells 20 he extent OF che money advanced
b. him TO satisfy the mortgage Lien. and
while the lea Of the mortgage b3sJmaa
dischargd, equity Will fuJsutute a mort.
discharged. equity Will substantilta a
lien for tho benefit Of the execution
creditor and Court Of Equity VIII On
force such lien ia proper proceeding &,
the extent Of the equitable interest ol
the person sausfy.us such mort .ags len
9. When tho reversal of a cause car
only result in addt onal costs and eX
penses. and the facts are practically un
cOntroyerted, and tho rights Of none @
tho parties can be pretdlIced ihe sup
RENE court on reyerst1. gnsnl ~
render tho Judgment thlt hs trial cour
should hay rendered. and direct execution
10 issue thereon.
Z Where by the terms OF a chat e
mortgage. an attorneys Zee Is coils - ,5ll
provided tho mortgage ia foreclose1 b.
an attorney whose name ~ signed ~ IN
notice Of sale. and the mortgager befor
tho maturity Of the mortgage debt dell.
era possession Of all tho NOR gagged chat
tells TO tho mOrtgagee with authority
sell the same and Apply the proceelt .
payment OF tho necessary expense an
uho mortgage debt Hold: La action be
gween tho mortgageo and junior lie
holder respecting tho mortgagsd proper
no attorneys fee can be oharSei asalns
mo property as part OF expense OF FORE
closure
p }. X. Cox ys. Gme Hardware ana Irol
Co..
Error from probate court Kty county
reversed.
1. As a geenral rule the mo 40 rs OF
copartnershiD are jointly and not severall.
liable for tho debls OF the copa"tnership
, 2. One member OF a cOpartlersh'p can
not be sued tor the debt OF the Arm with