Jones v. Smith

The chattel mortgage on which rests the defence made by the appellant to this action of replevin prosecuted against him by the appellee contains, among others, this provision: “And the said Elizabeth Smith hereby expressly agrees not to remove the said property from the place where it now is without the consent of the said F. M. Jones, nor to sell, assign, or lease the same without such consent.” The property mortgaged was two horses, one of which the appellee, as a matter of favor, permitted a neighbor to temporarily use, and the appellant took possession of it, claiming a right to it on the…