Kinney v. Glenn

FOSTER, Justice.

This is a detinue action for cotton in bales and cotton seed. Plaintiff gave a replevin bond under section 7391, Code. His right of action was based upon title acquired or claimed under a mortgage purporting to have been executed by defendant.

The court charged the jury that plaintiff’s title depended upon whether defendant signed the mortgage. We do not understand from the opinion that there was exception to this oral charge. But the court gave for plaintiff a written charge in which the word used was executed rather than signed. ■ Plaintiff requested two charges in which his…