Jackson, Morris & Co. v. Rutherford

— The action is one of detinue brought by appellants against the appellee for certain personal chattels. The plaintiffs claimed title under a verbal or parol mortgage, by which the defendant stipulated that the property' “should stand good for his indebtedness” to them, which is shown to have been something over the sum of three hundred dollars. There was no change in the possession of the chattels by delivery, they still remaining in the hands of the defendant. The court charged the jury that the legal' title did not pass to the plaintiffs under the agreement, and that no recovery could be…