Harvey v. Pinkerton & Wilson

The question we are required to determine is stated in the certificate of the trial judge as follows: “Where, as in this case, the plaintiffs brought their action in replevin to recover the possession of the property in controversy from the defend-: ants, who held the property, at the commencement of the suit, under a chattel mortgage executed by the plaintiffs to the defendants to secure the payment of about three thousand doHars, evidenced by notes, being part of the purchase price for the property in controversy, in which action the plaintiffs, while admitting the execution of the notes,…