Stewart v. Clemens

Action of detinue by appellant against appellee to recover the possession of ‘‘two bay mare mules, ten or twelve years old, and being the T. C. Montgomery mules, or mules gotten by said defendant from said T. C. Montgomery,” with the value of the' hire and use thereof.

The plaintiff claims title to the property and the right to immediate possession under a mortgage note alleged to have been executed by T. C. Montgomery on May 20, 1925, to secure an indebtedness of $85 contracted in the purchase of a No. 32 Oliver riding cultivator and attachments. The defendant claims through purchase from…