Hinchman v. Doak

Replevin for a stock of drugs and groceries. The property was taken on the writ and delivered to the plaintiffs. The defendant was personally served with process, and appeared and pleaded the general issue to the -declaration.

On the trial the plaintiffs claimed a right to the possession of the property under a chattel mortgage given by one ■Silsbee, the former owner; but it appeared that one Lewis had a prior mortgage covering a considerable portion of the *170goods, if not all of them, and that Lewis claimed to have taken possession under it. The question, therefore, on the merits was, whether…