Collins v. Montgomery

Plaintiff, January 10th, 1858, in a suit entitled “ C. v. M. and others, composing the Wisconsin Quarts Mining Co.,” a corporation, attached a quartz mill and ledge belonging to the corporation. June 26th, 1858, the complaint was amended, so as to make the corporation, as such, the party defendant, and judgment was rendered against the company August 14th, 1858, the property sold, and plaintiff the purchaser. October, 1857, W. received from the corporation a chattel mortgage on this property, had decree of foreclosure August 9th, 1858, sale October following—W. the purchaser. Defendants here are in possession, under Sheriff’s sale on the decree. Plaintiff claims title under his judgment and sale; Held, that he cannot recover; that he acquired no lien by his attachment, because the property attached belonged to the corporation, which was not a party to the suit until after the levy and return of the writ; that plaintiff’s rights attach only from the date of his judgment, August 14th, 1858, and his lien being subsequent to the lien of W.’s judgment, August 9th, 1858, under which defendants claim, the latter have the better right.

The chattel mortgage given, in this case, to Woodville, gave no lien upon the property. See facts.