Carter v. Fately

Complaiut to recover the possession of a mai’e.

The appellant, who was defendant below, answered in two special paragraphs, the second of which is in the words following:

“2. The only claim or demand of plaintiff to said property, or the possession thereof, is as follows : Defendant mortgaged a certain wagon to one James Iiarker, to indemnify him as surety for defendant on certain notes of defendant to third parties, Harker suffering and permitting defendant to retain possession of said property; thereafter said Harker gave defendant permission and authority to sell or trade off said wagon, and…