Tate v. Torcoutt

November 18, 1890, the plaintiff loaned to one Alphens Tibbitts §150, and to secure the money he took from 'ffibbitts a chattel mortgage on a quantity of personal prop ;y, among which was a span of horses. Before the mortgá e became due, Tibbitts, contrary to the terms of it, remo red the horses out of the county of Oceana, where the mortgage was given, and sold them to the defendant, who lived at that time in the county of Newaygo. The plaintiff, learning of that fact, on January o, 1891, went to the defendant's residence, where a written agreement was drawn up between them, as follows:

“This…