Hocknell v. Sheley

The opinion of the court was delivered by

Greene, J. :

The plaintiff in error sued the defendants in error in replevin to recover the possession of certain personal nroperty which had been mortgaged to plaintiff to secure the payment of an indebtedness. This debt was evidenced by a note. This action, however, was not on the note but on the debt. The defense was that the debt sued on, to secure which the ■mortgage was given, was evidenced by a promissory note; that after the execution and delivery thereof the plaintiff fraudulently altered the note in a material respect by erasing the word…