Murray v. Loushman

This was an action by tbe defendant in error, plaintiff below, wbo sued to recover for tbe use of a span of mules for tbe period of seven months. Tbe answer admits tbe allegations of tbe petition, except as to tbe value of tbe use of tbe mules de*257scribed, and charges in justification thereof the following facts: (1) A chattel mortgage on the mules in controversy for $180, long past due; (2) that the defendant took possession of said mules for the purpose of foreclosing his mortgage September 12, 1889, and kept them at his own •expense with 'the plaintiff’s consent until May 16, 1890, when they…