Franklin v. Howell

The evidence introduced for the plaintiff showed that he had a valid mortgage-note on three mules to secure a debt due him by the mortgagor for supplies; that the defendant, after reading over the mortgage-note one afternoon, caused the mules to be carried away the same night and conveyed into another State; that foreclosure proceedings were *369instituted on the mortgage, and a return of nulla bona was made by the levying officer; that the value of the mules exceeded the amount of the debt; that the mortgagor owned nothing except a little corn, and that the mortgage-note was never paid. Held:

Deci…