Thornton v. Horton

R. B. Thornton mortgaged a certain described horse to the First National Bank of Reynolds. The mortgage was foreclosed and at a “short-order” sale the horse was sold to one Horton for $100. The proceeds of the short-order sale were claimed by J. H. Thornton, the father of R. B. Thornton, under a mortgage fi. fa. in his favor, and he was successful in obtaining a portion of the money arising from the sale. Thereafter his wife brought this suit, a bail-trover action, to recover the horse. At the close of the evidence introduced in behalf of the plaintiff, a nonsuit was granted, on motion of the…