Page:Federal Reporter, 1st Series, Volume 2.djvu/135

 138 FEDERAL REPORTBB. �intent to put a portion of his available means beyond the reach of his creditors. �I liaye arrived at the conclusion that the assignment is fraudulent and void, and must give judgment for the amount claimed, with costs, and it is so ordered. ���The Meeohants' National Bank of St. Paul ». McLaugh- LiN, Sheriff, etc. �(Circuit Court, D. Minnesota. April, 1880.) �Chattel MoKTGAaE— Logs— Sitfficient DEsnr.iPTioN. — A chattel mort- gage of certain logs described them as belng the northerly or rear 1,250,- 000 feet lying in a certain creek, and marked with a certain mark, to be ascertained by commencingat the rear or northerly end of said logs, and counting along said stream southerly until the requislte number was so counted and set apart. Seld, sufBciently deflnite. �Bame— Dbfault — RiGHT OF Possession After default in the conditions �of a chattel mortgage the absolute right of possession is in the mort- gagee. �Lien Holdbrs — Rights of. — ^Where there are two funds, to both of which a prior lien holder may resort, while a junior lien holder can re- sort to but one, the former must flrst enforce his claim out of the fund to which the latter cannot have recourse. �Confusion of G-oods— Innocent Mortoageb. — An innocent mortgagee will not be compelled to suffer by reason of the wrongful confusion of the goods by the mortgagor. �Cause tried before the court without a jury. �Geo. L. e Chas. E. Otis, for plaintiff. �I. V. D. Heard, W. H. Grant and Wilson, Lawrence e Rogers, for defendant. �Nelson, D. J. This action is brought against the defendant sheriff to recover damages for the conversion of personal property, consisting of logs, and lumber manufactured there- from. �The sheriff defends under a seizure by virtue of certain writs of execution issued upon judgments obtained against the firm of McCaine Bros. & Barteau, and also sets up pro- ����