Gaines v. Becker

The principal contest in this case before the jury was, whether the appellant had, under all the circumstances of the case, taken such a possession of the property under the mortgage as to render him blameless for the subsequent loss of the chattels by the sale under the Ford execution. It appears, from the evidence in the record, that on the 27th day of January the appellant put the mortgage into the hands of one Mosher, a constable, and then they went to the residence of Burkhart and requested him to turn out the property upon the mortgage. Burkhart went to the stable where the property was…