Baker v. Horsley

The action is in detinue for the recovery of chattels claimed under two mortgages executed by defendant to a third party, and by him transferred to plaintiff.

Defendant had previously purchased land from, plaintiff, receiving a deed therefor, and executing to plaintiff his promissory notes' for the purchase money, $3,840.. Plaintiff was pressing for the payment of this note, and, pending a foreclosure proceeding, he acquired by purchase and transfer the chattel mortgages referred to.

Besides his plea of the general issue, defendant pleads specially that he made an agreement with plaintiff to-…