Tolbert v. Fooshe

The opinion of the Court was delivered by

Mr. Justice Cothran.

Appeal from an order of sale of certain personal property, heretofore adjudicated as being in the possession of the defendant as a pledge to secure the payment of a debt. The controversy is novel and somewhat complicated.

The litigation between the parties began with an action by the plaintiff, Tolbert, against the defendant, Fooshé, in claim and delivery, for certain machinery, composing a sawmill outfit, which Fooshe had sold to Tolbert in January, 1920, for $1;600.00. Tolbert paid $1,000.00 cash and gave his note for $600.00; the…