McKinney v. Battle Bros.

The action was against Thomas McKinney individually and as administrator of his wife, upon a promissory note given by them to Battle Brothers, the plaintiffs, for the purchase-price of a mare. In the note Battle Brothers reserved title to the mare until payment of the note, with a stipulation, however, that in case of loss or damage to the property the same should be the loss of the buyers; and this stipulation is coupled with the express condition that the sellers do not insure the health, life, soundness, or work of the said mare. Two pleas were filed, — one setting up fraud on the part of…