Cleaves v. Herbert

The first objection taken as a ground for reversing the judgment in this case, is the admission in evidence of the chattel mortgage, in support of the averment of property in the plaintiff below, under the issue formed on the plea of property,

It is said the plea of property imports an absolute right to the subject of the suit, while the mortgage shows only a qualified right to it; and that, therefore, the mortgage was not admissible in evidence under such issue.

The mortgage had become forfeited, according to its terms, by default in the payment of one note and the levy of an execution upon…