Gaff v. Harding

This was an action of replevin, in the Livingston circuit court, resulting in a verdict and judgment for the plaintiff.

The only point of any importance raised on the record is, wras the property in the possession of the sheriff at the time the writ of replevin was sued out ?

The plaintiff, Harding, had a chattel mortgage on the property in question to secure a bona fide debt. This mortgage contained the usual clause, if mortgagee felt insecure, or an execution was about to be levied on the property, Harding had the right to take it into his actual possession.

An execution issued against the…