Sell v. Sparks

Citations

• 120 F. 1013
• 1902 U.S. App. LEXIS 5323

Syllabus

<p>1. Equity — Action at Law — Stay—Bill on Sale — Construction as Mortgage.</p> <p>Where an action at law was brought against a sheriff by a claimant of goods levied on, claiming title, under a bill of sale, and the sheriff claimed that such bill of sale was in fact a mortgage, he was entitled to sue in equity to have such bill decreed a mortgage, and to have the action at law stayed pending the determination of such issue.</p>