Fisher v. Woolery

Opinion by

RAY, 0.

This is an action of replevin by the mortgagee to recover possession of three horses. Plaintiff obtained possession under the writ of replevin and retained possession. Judgment was for the defendant in the sum of $325.

But two grounds are urged for the reversal of the judgment: (1) That the court erred in instructing the jury as follows:

“Should your verdict be for the defendants, and j;ou further believe that at the time of the institution of this suit the horses mentioned were taken from the defendants by a writ of replevin, then .your verdict should be for them in such sum…