Rhoads v. Gatlin

It appears from the record in this case that on the 1st of March, 1888, the defendant executed a chattel mortgage upon one hundred and twenty-six head of cattle to secure the payment of a certain promissory note for the sum of $265.

That said note having matured, plaintiffs failing to obtain possession of the cattle upon demand, instituted a suit in replevin, alleging special property in the cattle.

Defendant answered, and among various defenses set up that by virtue of the writ of replevin the defendant secured the possession of the cattle and thereafter, for some reason which is unquestioned,…