Pinney v. French

The opinion of the court was delivered by

Johnston, C. J.:

This was an action of replevin brought to recover the possession of certain personal property that had been mortgaged by Charles Whited to S. P.. French to secure an indebtedness of $600. *474He had also mortgaged the same property to H. F. Pinney as security for a debt of $1000. French held the prior mortgage and he also, held an unsecured debt against Whited. A payment of $200 was made by Whited to French, and the proper application of that payment is the > only question involved in the litigation. The case was submitted to the trial…