Talbot v. Sherman

I dissent. I favor a reversal of the judgment appealed from and the granting of a new trial. Plaintiff’s proofs substantially established the cause of action alleged. Plaintiff’s chattel mortgage plainly created a lien on ten black and white cows of various markings and ages, viz., on the five first described, the purchase price of which was thereby secured, and on five others of similar markings then and prior in the possession and ownership of the mortgagor. The chattel mortgage described the first five and by its express terms passed title to them back to plaintiff. • It then went on to *1009fur…