Connelly v. Edgerton

Reese, ff:

This was an action in replevin instituted by plaintiffs in error (who claim the possession of the property in dispute, by virtue of a chattel mortgage) against defendants in error (a constable! and the sheriff of Douglas county), who also claimed the possession, but by virtue of the levy of certain attachments upon it as the property of'the mortgagor. The contest is between the mortgagees and creditors — the former asserting the bona fides of their mortgage, the latter contending that it is fraudulent. The decision of this question of fact was peculiarly within the province of the…