McDowell v. Stewart

Appellants, being sued on a bond which they had executed in a certain action of replevin, set up, as defense, that the suit was not tried upon its merits, and that the plaintiff therein was entitled to the possession of the property by virtue of a chattel mortgage executed by oue Bobert J. Johnson. The defendant in the replevin suit was the sheriff of the county, and he claimed the property by virtue of three writs of fi. fa. against Bobert J. Johnson.

The points made on the ruling of the court below are all disposed of by the determination of the question,—was the chattel mortgage from…