Davis v. Monte

BUCK, J., pro tem.

Action in replevin based upon the provisions of a chattel mortgage given by defendants to plaintiff.

The mortgage in question was given as the sole consideration for the sale by plaintiff to defendants of eighteen-head of dairy cattle, and covered not only the cattle sold, but also eleven other head owned by the defendants. By way of answer the defendants relied on their cross-complaint, wherein they seek to rescind and set aside the mortgage, so far as it pertains to the eleven head of cattle, upon the ground that the plaintiff procured and brought about the sale through…