BAKER Ag.J.A.
The facts in this appeal are shortly, that in October, 1952, a Chevrolet truck bearing licence No. WP 6741, together with a lorry trailer bearing licence No. AH 7646 were seized under a writ of Fieri Facias by the Deputy Sheriff, Cape Coast, upon the instruction of the defendants in respect of a judgment debt due by one F. P. Sarkodee to them. The truck and trailer were sold at public auction on October 29, 1952, and bought by one F. O. Micah. On October 27, 1952, the Aboom Logging Company and Victoria Arthur, the plaintiffs, both filed interpleader proceedings in the District Magistrate's Court, Cape Coast. The two interpleader suits were consolidated and heard by the District Magistrate, Cape Coast, on a date subsequent to the sale, and the magistrate decided that " the sale of the lorry and trailer will not be impeached."
Against this judgment the plaintiffs appealed to the Divisional Court and the learned judge thereof, in dismissing the appeal, decided: “ I agree wit…