Caproon v. Mitchell

Duepie, C.

In an action commenced in county court, Caproon alleged that tbe defendant sold and delivered to bim a borse for tbe sum of $45, then duly paid by a promissory note for that amount; that tbe borse at tbe time of tbe sale was mortgaged to tbe Edwards-Bradford Lumber Company, who thereafter took possession from tbe plaintiff, and that tbe borse was wholly lost to him.. A trial resulted in favor of- tbe plaintiff, and defendant appealed to tbe district court. The plaintiff’s petition in tbe district court was tbe same practically as that filed in the county court, except that it…