Mills v. Talbott

The opinion of the court was delivered by

Smith, J. :

This was an action in replevin brought by Benjamin F. Talbott against Mills and Matthews for the recovery of the possession of two mules. It appears that the animals were bought by one Homer Talbott, son of the defendant in error, and afterward were levied on under process of some kind, but in whose favor the process was issued does not appear, unless it may be implied from the testimony showing that Homer Talbott owed one Moore. Benjamin F. Talbott signed a note with his son, securing the purchase-price of the mules, and introduced…