Kennedy v. Dodson

The plaintiff, a mortgagee of the personal property in controversy, brought this action of replevin against the sheriff, who had seized it under a writ of attachment, issued at the instance of one Horine against Scott, the mortgagor. The cause was tried by the court without a jury. The finding and judgment were for the defendant. The court refused all the instructions asked by the plaintiff, and upon the defendant’s motion declared as the law that, if the plaintiff was not entitled to the possession of the property specified in the mortgage at the date of the institution of this replevin…