Towell v. Hollweg

Franklin, C.

This is an action brought by appellees against appellants for the possession of certain goods, and damages for the detention thereof.

Appellants answered separately by denials, and appellant Brown answered specially in a second paragraph, that, he held *155possession of the property as assignee of Towell, for the benefit of Towell’s creditors; that the assignment was executed on the 6th day of January, 1879, duly recorded, and that he had taken possession of the property as trustee under the same; that appellees claimed said property by virtue of a mortgage executed December 28th,…