Dowling v. Parker

A mortgagor, still in possession of a mortgaged mule, negotiated a sale of same. After agreeing on the price, the mortgagor and the purchaser went to the mortgagee to arrange the satisfaction and release of the mortgage. By mutual agreement the purchaser made the check for the price payable to the mortgagee. The cheek being slightly in excess of the mortgage debt, the mortgagee paid to the mortgagor the difference in cash and surrendered to him the mortgage as paid.

The purchaser took possession of the mule, and on putting her to work discovered she was subject to the disease called “choking,”…