Smith v. Jagoe

The action is replevin, and the'plaintiff was required to show that he had the right to, the possession of the property taken upon the writ. He was the general owner of the property, and the defendant relied upon a mortgage which purported to have been made by the plaintiff to one Moody, who had assigned it to the defendant. The course of the trial is not very clearly disclosed by the bill of exceptions. It is stated that the plaintiff made a prima facie case and rested. It would *539seem that in putting in his defence the defendant introduced in evidence the mortgage and the assignment of the…