Lemaster v. Fisher

The opinion of the court was delivered by

Benson, J.:

This is an action in replevin to recover possession of a piano mortgaged by defendants Tawney and wife to the plaintiff, Lemaster, to secure a note given for purchase money. The answer was a general denial. The mortgage provided that the piano should be kept by the mortgagors at a certain number ■on a designated street, and that if the “indebtedness shall be deemed insecure” the property might be taken and sold to pay the plaintiff. The building where the piano was kept was owned by the plaintiff’s wife, and rented to Tawney. For default in…