New York Court of Appeals January 15, 1874 (Mittnacht v. Kelly)

Parker, J.

The defendant was sued in the court of common pleas of the city of New York, for levying upon a horse, wagon and harness which the plaintiff claimed under a chattel mortgage, which had been executed to him by the execution debtor. The mortgage was given on the 12th of August, 1859, and the execution was issued on the 27th of September, 1859.