Talbot v. De Forest

Opinion by

Greene, J.

Replevin by Talbot against DeForest, as sheriff of Johnson county, commenced before a justice of the peace, for a horse and wagon. The defendant recovered judgment before the justice of the peace, and also on appeal in the district court.

The following facts are disclosed by the bill of exceptions: In July, 1852, Talbot executed to Geo. Andrews, a chattel mortgage, including among other things the horse and wagon in question. The mortgage sale was to be rendered void upon condition that Talbot should pay certain accounts and claims specified in the instrument, including…