Page:Federal Reporter, 1st Series, Volume 2.djvu/136

 MEBCHANTS' NAT. BANK V. m'LATJGHLIN. 129 �ceedings inetituted by laborers in the employment of this firm; as lien claimants under the laws of the state of Minnesota. �Briefly, the sheriff, in his answer, says the logs and lumber were not the plaintief's property, and were not in its posses- Bion or under its control, but were owned by McCaine Bros, & Barteau ; and that executions came into his hands against eaid firm, ,and that he had levied upon the logs and lumber as their property. �The plaintiff ôlaims the right to the possession of the prop- erty by virtue of a chattel mortgage, and on default of the mortgagor to pay the money secured thereby. �The mortgage is in the forn usual in this state. It is a sale of certain logs with conditions, and, in case of default, the mortgagee had the right to take possession and sell, sub- ject to redemption by the mortgagors. It is executed by Mc- Caine Bros. & Barteau to the plaintiff. It acknowledges an indebtedness to the plaintiff of $3,000 ; and, for the purpose of securing this indebtedness, grants, bargains, sells and mort- gages the property described therein as follows : "AU, and singular, such, and so many, of ail those certain logs belong- ing to said parties of the first part, now lying and being in the north fork of Grindstone creek, [so-called,] in the town of Hinckley, county of Fine, and state of Minnesota; and being those certain logs now lying in and along said stream, ready to be driven out when the stage of water will permit, and marked 1 y 1, [read notch y notch,] as are described and des- ignated, as follows, viz : The northerly, or rear, one million two hundred andfifty thousand (1,250,000) feetof said logs, tobe ascertained by commencing at the rear or northerly end of said logs, as the same are situated in the said north fork, as aforesaid, and running along said stream in a southerly direction, and taking, counting, and including ail of said logs until the f ull number of 1,250,000 feetthereof shall havebeen BO counted, taken and set apart; the logs so counted and ascertained to be the logs covered, and intended to be cov- ered, by and included in the mortgage. " The usual condition of defeasance upon payment precedes the following covenants and agreements: "It is hereby mutually covenanted and �T.2,no.2— 9 ����