Oliphant v. Buie

ALEXANDER, Justice.

This suit was brought by J. C. Buie and others against M. F. Oliphant to recover a debt evidenced by a promissory note and to foreclose a chattel mortgage lien on a Farmall tractor and other farming tools and a cotton and corn crop. -The plaintiffs sequestered the mortgaged property pending a trial. The defendant asserted a failure of consideration of the note sued on in that it had been given in part payment of the farming tools and that such tools were not as represented. A trial before a jury resulted in a verdict and judgment for the plaintiffs. The defendant 'sued out…