Sharp v. Hollister

This action in replevin was submitted upon an agreed statement of facts. It discloses that one Kneeland, who owned a confectionery store in Leadville, gave to the plaintiff in error, Sharp, (to secure the payment of a valid indebtedness) a chattel mortgage upon his stock of goods, furniture and fixtures; that the furniture and fixtures were described in detail; that the stock of goods was described as “All the candy, popcorn, cigars, tobacco, * * * situate at * * *; that it contained a clause that until default, etc., “It shall and may be lawful for the mortgagor to retain possession and use…