Boddy v. Thompson

Kirby, J.,

(after stating the facts). There are numerous assignments of error, a few of which only are insisted upon here, and fewer still necessary to he considered under our determination of the matters in question.

The undisputed testimony shows that the replevin suits were brought for the property in an attempt to foreclose the mortgage thereon, under the terms of which was still due the appellant from Thompson, the mortgagor, $15,858.74. The jury found the issue in favor of Thompson, the mortgagor, fixing the value of the property replevined at the amount for which it was sold by the…