Jenkins v. Reeves

•BRICE, Justice.

This is an appeal from a judgment of the district court of Santa Fé county in favor of the appellee (plaintiff below) in a re-plevin suit for possession of 363 head of horses. At the close of appellee’s testimony the appellant moved for judgment upon grounds that will be stated in the opinion. This motion was overruled, and appellant declined to introduce testimony, whereupon judgment was entered for appellee.

J. B. Jenkins, husband of the appellee, sold to appellant some horses and took his note for the purchase price, secured by a mortgage on these horses and delivered them…