Swanstrom v. Bell.

GIVENS, Justice.

Plaintiff-respondent sued defendant-appellant in replevin for the possession or recovery of the alleged ($1283.00) value of certain described livestock and farm machinery.

Appellant counterclaimed, contending the bill of sale under which respondent sought possession, was intended to be a mortgage and respondent had only the right to foreclose.

Respondent’s version of the underlying transaction was that he purchased the property from appellant, paying therefor by liquidating certain outstanding indebtedness of appellant, including a note and mortgage due one Mr. Kitts. Appellant…