Chenyworth v. Daily

This was a trial of the right of property. Daily, the appellee, was the claimant. An execution had issued in favor of Chenyworth, the appellant, against the goods and chattels of one Crabbs, which was levied on the property in question. Upon the trial, the claimant produced a mortgage on the goods, &c., levied on, given to him by Crabbs before the execution on which they had been seized was issued. The mortgage recites that Daily, at the time it was executed, had become replevin bail for Crabbs, on a judgment against him in the Noble Circuit Court; that if Crabbs should pay the judgment and…