Forehand v. Edenton Farmers Co.

The case is this: A man owns a farm and eleven mules. He leases the farm and the mules. The lease provides that upon its termination the lessee “is to return the said personal property in as good condition as it now is, or its equivalent in kind,” etc. Five of the mules die before the termination of the lease or are otherwise disposed of by the lessee, but said lessee purchases five other mules which he uses upon the farm prior to the termination of the lease. Thereafter the lessee executes a mortgage to the defendant on “fifteen mules and one mare, all now in my possession,” and at the time…