Bank of Farmington v. Ellis

Yanderburgh, J.*

The complaint is in the ordinary form in re-plevin for personal property. The answer of defendant Barclay de*271nies plaintiff’s title, and alleges title in Barclay under a chattel mortgage, executed by defendant Ellis. The reply admits the execution of this mortgage upon the property in question, but alleges that, it is fraudulent, and without consideration. Upon the trial it appeared that plaintiff also claimed under a mortgage of the same property, executed by Ellis, and dated August 18, 1881, and actually delivered at 12 o’clock m., of that day, and filed in the proper town…