Bradley v. Parks

The questions presented by this record are precisely the same as if they had arisen on the trial in the action of replevin instituted by Parks against Andrews & Kuhn, since the pleas set up that the replevin suit was not tried oil its merits, and claim title and the right to the possession of the property in Parks.

The facts, in brief, are: In March, 1872, Parks pledged the property in controversy (a diamond pin) to one Lipman, to secure the payment of $100 and interest to accrue thereon. Afterwards Parks called on Lipman to redeem the pin. Lip-man demanded $115, and Parks tendered him $110.…