Bank Jasper v. S. S. Tuten

SHACKLEFORD, J. -- The Bank of Jasper, a corporation, filed its bill in chancery against S. S. Tuten, and others, seeking to foreclose a mortgage alleged to have been executed by S. S. Tuten upon certain described personal property to secure the payment of a promissory note executed by Tuten to the complainant. Among other things, the bill alleges that Tuten had been engaged in operating a shingle mill ear the town of Jasper but had become financially involved and had absconded, leaving his property without care or protection, that certain creditors had instituted actions of attachment against Tuten and that by virtue of the writs of attachment issued therein the sheriff had taken possession of some Tuten's property. P. H. Sandlin and certain other named parties were made co-defendants with Tuten, it being alleged in the bill that such co-defendants claimed some right or interest in the mortgaged property, but that all such rights and interests were subordinate and inferior to the mortgage lien of the complainant.