Morrison v. Emsley

Plaintiff sued before a justice of the peace, in replevin, to recover a buggy and harness which he had mortgaged to defendant, and which was foreclosed and sale made September 14, 1881, plaintiff standing by and not objecting. On the trial of this suit he testified that he was under age, and did not reach his majority until the 19th of the same month. It appeared from plaintiff’s testimony that he gave the morgtage to secure Emsley for endorsing a note with plaintiff, on which Emsley, for anything that appears, continued legally responsible. Plaintiff swears he did not pay it himself.

The…