Harris v. Hayfield

The opinion of the court was delivered by

Scott, J.

This was an action of claim and delivery brought by respondent against appellant to recover a quantity of wheat in sacks. The complaint was in the usual form, and the answer was a general denial. Verdict and judgment was for the plaintiff, and the defendant appealed. The only ground of error involved in the appeal is, that the evidence is insufficient to justify the verdict.

The defendant, Hayfield, claimed to have a chattel mortgage upon the wheat in question, and sought to foreclose the same by a notice which he delivered to one Stoops, a…