Barney v. Rutledge

Plaintiff's minor son gave a chattel mortgage to George Stubbs for $60, covering two horses. One of these horses was purchased from Stubbs by the son, and the chattel mortgage was given to secure the purchase money. When the mortgage became due, Stubbs took *290possession of the horse sold by him, and demanded the other horse covered by the mortgage. The horse at that time was in the possession of the plaintiff, who refused to surrender it. Stubbs placed the mortgage in the hands of the defendant, a constable, and directed him to take the horse under it. The defendant took the horse on the…