Louthain v. Miller

This is an action of replevin prosecuted by the appellee against the appellants.

The trial was by jury, and resulted in a verdict for the appellee. Interrogatories were propounded to the jury, and answers made to them as follows:

“ 1st. At the time Heffner executed the mortgage in com troversy, did not Miller execute back to him written authority to sell the articles mortgaged, and, when sold, the mortgage was to be discharged, as to the articles sold? Ans. Yes.

“ 2d. Was not Miller also consenting that Heffner should sell any of the articles mortgaged in the usual retail way, replac*162ing the…