Tanner v. Tanner

This case is here on exception to a judgment overruling claimant’s motion for new trial. The plaintiff foreclosed a chattel mortgage executed in his favor, and had the execution levied on certain cattle and hogs. The wife of the mortgagor filed her claim, alleging that the property belonged to her. The entry of levy recited that the cattle and hogs were in the claimant’s pos*461session when levied on. The plaintiffs evidence was to the effect that the cattle and hogs belonged to the mortgagor and were in his possession at the time of the execution of the mortgage, that the mortgagor stated to the…