Cabell v. McKinney
Indiana Court of Appeals
From Monroe Circuit Court; Newton Crooke, Special Judge. Action by John M. Cabell and another against Susan F. McKinney and others. From a judgment for defendants, plaintiffs appeal.
1Opinion of the CourtComstock, P. J.
Action of replevin by appellants against appellees to recover tbe possession of a stock of goods based on a cbattel mortgage alleged to bave been given appellants by appellee Snsan E. McKinney. Tbe defendants failing to give bond under tbe statute, appellants gave bond, and took possession of tbe goods under tbe writ. Tbe answers pleaded were (1) non est factum by Susan E. McKinney, mortgagor; (2) general denial by .all defendants; (3) material alteration by inserting in tbe-mortgage after its execution, by tbe plaintiffs, tbeir agent or attorney, tbe words “in my storeroom in Bed-ford;” (4)…
2Cases cited2 opinions
- Baldwin v. BurrowsIndiana Supreme Court · 1884
- McKinney v. CabellIndiana Court of Appeals · 1900
3Cited by2 opinions
- Basey v. McKinneyIndiana Court of Appeals · 1909
- Manufacturers Discount Co. v. American Security Co.Indiana Court of Appeals · 1928