Lindsay v. Garvin

The opinion of the court was delivered by

Mr. Chief Justice Simpson.

This was an action to foreclose a mortgage upon certain real estate, executed by the defendant, appellant, to the plaintiff, respondent, to secure the payment of a note for $100, given in the purchase of a mule by appellant from respondent. The mule was afterwards traded back to the respondent for a mare, the appellant agreeing to give $64 as boot, to secure which he executed a mortgage upon said mare. Afterwards appellant becoming dissatisfied because of the unsoundness of the mare, she was returned and the chattel mortgage…