Dunlap v. Epler & Callon

This was an action of replevin for certain goods and chattels, by Epler & Gallon, against Dunlap, wherein the plaintiffs recovered, and the defendant appealed.

The property in question was mortgaged property, the controversy being between the mortgagees in a chattel mortgage thereof, plaintiffs, and the sheriff, defendant, who had taken the same by virtue of an execution against the mortgagor, one McLaflin. The only question raised is, whether the mortgagees were in default in not taking possession of the mortgaged property under their mortgage.

The mortgage from McLaflin to Epler & Gallon…