Fowler v. Hosmer

William H. Saunders gave mortgages upon personal property in the following order: (1) to George W. Saunders; (2) to John J. Closs; (8) to Hincks & Johnson. George W. Saunders took possession under his mortgage. Hincks & Johnson then agreed with Closs to advance the expenses and foreclose the Closs mortgage, the net proceeds, after paying for foreclosure, to be divided equally. Hincks & J ohnson thereupon hired Fowler to seize the property under the Closs mortgage, which he did. George W. Saunders thereupon brought replevin, making Closs and Fowler defendants. An arrangement was thereafter…