Moffatt v. Fouts

The opinion of the court was delivered by

Johnston, C. J.:

Action of replevin to recover possession of a stock of merchandise in a furniture store together with books of account and contracts.

It seems that the plaintiff, John Moffatt, who owned a furniture store in, the city of Parsons, traded it to defendant Fouts for 160 acres of land in Scott county. After the exchange the plaintiff discovered that there was a mortgage for $625 on the land in process of foreclosure which he found it necessary to discharge. Fouts then gave to plaintiff a chattel *119mortgage on the furniture stock to secure the…