Atkinson v. Bush

The opinion of the court was delivered by

Smith, J.:

This was an action in replevin brought by appellant to recover from appellees four horses, two wagons and three sets of harness. The petition alleged that on June 25, 1911, appellant loaned one W. H. Chidester $727.50, and received as security for the payment thereof a promissory note for that sum and a chattel mortgage on the property replevined, and that both note and mortgage were signed-by Chidester and wife; that the mortgage was duly filed for record on the following day; and that the note and mortgage were due and unpaid. The petition…