Central National Bank v. Brecheisen

The opinion of the court was delivered by

Smith, J.:

This was an action brought by Henry Brecheisen as plaintiff in the court below against the plaintiffs in error to recover on a replevin bond. The facts out of which the controversy arose may be briefly stated. The Central National Bank held a chattel mortgage on cattle and hogs. One R. B. Vail was the mortgagor. On April 3, 1899, the bank filed its petition, based upon its right to possession under its mortgage, and an affidavit in replevin, to recover twenty head of steers and fifty hogs, alleged to be in Brecheisen’s possession, and also…