Bradley v. Burkett

Bleckley, Chief Justice.

1. On the trial of an action of complaint in the nature of trover for a mule, the plaintiff elected to take an alternative verdict for the value of the property, or for the property itself. The case was Hied upon that election, and in consequence of the election the question of value was investigated; and it was necessarily involved, because the plaintiff, upon his theory, had retained title to the mule after selling it at a fixed price to the defendant, the retention of title being for security of the price. The court charged the jury that they must render an…