Tucker v. Mann

A executed and delivered to B a promissory note which contained •a clause conveying to B the title to a certain mule as security. B had the note recorded in the county of A’s residence. Before the note was fully paid, B authorized A to sell the animal and to turn the proceeds *1004of tlie sale over to him. A sold the mule to D, against whom B then brought an action of trover to recover the animal. Upon the trial the court charged: “If you believe from the evidence that plaintiff . . gave . . the maker of the note permission to sell the mule sued for, coupled with the condition that [A] was to pay…