Opinion
06-25-1888
STRATTON v. PACKER et al.
R. J. Clymer, for complainant. T. E. French, for defendants.
Bill for injunction.
R. J. Clymer, for complainant. T. E. French, for defendants.
BIRD, V. C. I find that the complainant made a contract with his father to work for him at the compensation of $15 a month. This contract was made about the time the complainant was 21 years of age. He worked for his father from the time he was 21, (September 17, 1883,) until February 2, 1887,—3 years and 5 months and 4 days. On the last-named date his father executed to him a chattel mortgage to secure the sum of $698. The defendant obtained a judgment against the father, levied on said goods so mortgaged, and directed the sheriff to sell. The sheriff advertised the sale of the goods; not the equity of redemption simply, but the entire stock or interest.
Has this court the power to enjoin the sheriff in such case? It has. First, because the sheriff proposes to sell, not only the equity of the mortgagor, but also the interest, so far as possible, of the mortgagee. Clearly enough it was and is lawful for him to seize upon and sell the former. But it is equally clear that he could not sell the latter, if the mortgage be valid and free from fraud. Secondly, because such sale by the sheriff would involve the complainant in litigation with every purchaser to whom the sheriff should deliver goods, compelling him to institute a great many suits. These things, however, are all predicated upon the condition that the chattel mortgage is itself lawful in all respects. All will agree that the father and son had a right to make the contract above spoken of. Was such contract made? I so find. But I find that at the rate of $15 per month there was due at the date of the mortgage only $615 instead of $698. It seems to me that this is in all respects as strong a case for the son as Low v. Wartman, ante, 586, decided against a judgment creditor at the last term of the court of errors and appeals. The complainant is entitled to the relief prayed for.