Clark v. Duffey

The appellant sued the appellee before a justice of the peace. In his complaint, he averred that on the 4th day of October, 1861, one Clemens Bymer was indebted to him in the sum of $110, due on or before the 1st day of January, 1863, and that to secure the note, Bymer executed a mortgage on two mares and a wagon, then owned by Bymer; that the appellant neglected to record his mortgage within ten days, and that Bymer afterward, without the knowledge or consent of appellant, disposed of one of -the mares to a person unknown to appellant, who conveyed it away beyond the reach of appellant. That…