Farkas v. Duncan

Lumpkin, Justice.

In addition to the facts briefly summarized in the head-note, it is also proper tó state that there was a conflict in the evidence as to whether the mortgagor intended the mortgage to apply to the mule he called “ Dilsie,” or the one he called “ Kate,” and upon this single issue a verdict either way would have been warranted. This question, however, was not really submitted to the jury, because, by his charge, the judge, in effect, instructed them .that if the mortgagee accepted a mortgage upon a mule described in the mortgage as bearing the name of “ Kate,” he could under no…