Broadhead v. McKay

This was an action of replevin for some liorses and a wagon, brought by the appellant against the .appellee. Issue, trial by the court, finding and judgment for the defendant.

The only question in the cause arises upon the evidence.

The facts in the case aré briefly these: The defendant mortgaged the property in question to the plaintiff to secure the payment of a debt which the defendant owed to the plaintiff, but which had not become due at the commencement of the *596action. The mortgage is silent as to the possession of the-property. The question presented is, whether the plaintiff' was, under…